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(영문) 서울중앙지방법원 2018.04.24 2015가단5301192

전부금

Text

1. All of the plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiffs and the Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiffs in civil litigation against C were the buyers of a large shopping center, “E” that the Plaintiffs sold from around 2004 by C (hereinafter “C”) and the voluntary conciliation was established on July 2, 2012, 2012, stating that “C shall pay to the Plaintiffs each amount indicated in the “court adjustment amount” column in the list of claims in [Attachment 2] claims filed by the Plaintiffs, such as the return of the sale price, against C (Seoul High Court 201Na98596).

B. C on March 19, 2015, a real estate security trust agreement and a fund management agent agreement between C and the Defendant entered into a real estate security trust agreement with the Defendant (hereinafter “instant real estate security trust agreement”) with the following content (hereinafter “instant real estate security trust agreement”).

() The Defendant completed the registration of a trust on the same day. Indication of trust real estate: G building located in F in Jung-gu Seoul Metropolitan Government (hereinafter “instant trust real estate”) (hereinafter “instant trust real estate”), which is one of the 2nd to the 17th floor above the ground, and the 211th floor above the ground (hereinafter “instant trust real estate”).

Article 1 (Purpose of Trust) The purpose of this trust is to preserve, manage, dispose of, and liquidate in the event of default, and settle the trust real estate in order to guarantee the ownership management of real estate held in a trust and the performance of obligations or responsibilities owed by the truster. The first beneficiary of trust principal and trust proceeds under Article 3 (beneficiary) of the Trust Registration Date of Article 2 (Trust Period) - The first beneficiary of the trust principal and trust proceeds under Article 3 (Preferential Beneficiary until the extinguishment of claims held in a trust) - subordinate beneficiary of Article 3 (Period Limit of Benefits 21 billion won), subordinate beneficiary - the original of the trust under Article 34 (original of the Trust) - The property acquired by subrogation of the trust real estate or the property acquired and kept by the trustee as a lessor, lease deposit acquired and kept by the trustee as a lessor, disposal proceeds of the trust real estate and other equivalent penalty arising from the disposal procedures.