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(영문) 서울중앙지방법원 2016.07.21 2014가합569719

신탁원부 변경 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be recognized in full view of the respective entries in Gap evidence 1 through 13, Eul evidence 16, 17 (including additional numbers), and the whole purport of pleadings:

The status B Co., Ltd. (hereinafter referred to as “B”) is a company that constructs and sells a new apartment on the ground of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “the instant project site”) and the Defendant A Housing Association (hereinafter referred to as the “Defendant A”) is a housing association established for the construction of the apartment site of the instant project site, and Defendant B’s non-real estate trust company (hereinafter referred to as the “Defendant D non-real estate trust”) is a trustee who has entered into a trust agreement with the Defendant Association on the instant project site, and Defendant B Heavy Industries Co.,, Ltd. (hereinafter referred to as “Defendant B”) is the starting project of the instant project.

The Komato Savings Bank (hereinafter referred to as the "tomato Savings Bank") and Daejeon Mutual Savings Bank (hereinafter referred to as the " Daejeon Mutual Savings Bank") are as follows:

A person who lent the instant business funds to B as described in B, and the Plaintiffs are appointed as a trustee in bankruptcy after the World Savings Bank and Daejeon Mutual Savings Bank are declared bankrupt.

On April 10, 2007, Komato Savings Bank and Daejeon Mutual Savings Bank lent 3.5 billion won to B, and as a security, C, the representative director of B, entrusted to Daol Real Estate Trust, set the first priority right to benefit up to the amount of 4.5 billion won with respect to the first right to benefit as to the first right to benefit, other than D, in Seoul, Dongjak-gu and the first right to benefit.

Daejeon Mutual Savings Bank lent KRW 2.4 billion to B on November 16, 2007, and as security for the above loans, up to the maximum of KRW 3.12 billion with respect to the first profit of Dongjak-gu Seoul E, 102, and sub-story 2, which were trusted as security as described in the above paragraph 1.