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(영문) 서울중앙지방법원 2016.10.27 2015가합27083

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) In cases falling under any of the following subparagraphs, a trustee may dispose of the trusted real estate upon request of the priority beneficiary even before the period of the trust expires:

1. In principle, if credit transactions entered into between the preferential beneficiary and the debtor and the non-performance of a guarantee obligation agreement, they shall be sold through open competitive bidding.

Provided, That in the case of a failed inspection, a private contract may be made under the conditions of the preceding public auction before the next public auction notice.

Article 22 (Methods of Settlement of Proceeds from Disposal of Land) (1) A trustee shall make a settlement order according to realization procedures from the proceeds from disposal, etc. as follows:

1. Expenses and remuneration related to the trust deed;

2. Small amount lease deposit before the registration of trust;

3. Claim secured by the lease deposit, mortgage, lease on a deposit basis, registered lease right prior to registration of a trust;

4. Cases not falling under subparagraphs 2 and 3, among the lease deposit that a trustee has obligation to return.

5. Claims of priority beneficiaries;

6. To pay the remainder to the beneficiary (a truster, if there is no beneficiary), if any, in succession to repay the remainder and pay the remainder to the beneficiary (a truster, if there is no beneficiary) (1) Notwithstanding Articles 2, 24, and 25 of the Framework Agreement, the truster and the trustee must obtain prior consent from the beneficiary for the termination, partial termination, and termination of the trust (including disposal, realization, and delivery of earnings) of this trust agreement.

(2) When a request for termination of a trust is made, the trust shall be terminated after settling the truster's expenses incurred in performing trust affairs and losses without fault of the trustee.

Expenses incurred in performing trust affairs shall include and limit various charges, management expenses, enforcement fines, land rents, damages against third parties due to fire, etc.

(3) Where a truster requests termination of a trust before paying taxes related to trust property, for which liability for payment has arisen, the trustee shall be the trust property.