사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From around 2014, the construction of Geum River-gu AbP General Construction Co., Ltd. (hereinafter “ Geum River-gu Construction”) was promoting the new construction and sale of a multi-family housing building with ten floors on the ground of the 2,278 square meters and the 68 square meters prior to C previous 2,000 square meters (hereinafter “instant land”).
B. On November 26, 2014, the Geum River Construction entered into a security trust agreement (hereinafter “instant land trust agreement”) under which the first priority beneficiary is the Defendant Busan International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) and the Defendant Busan International Co., Ltd. (hereinafter “Defendant International Assets Trust”) to trust the instant land to the Defendant International Asset Trust (hereinafter “instant land trust agreement”) in order to secure the obligation of the loan by obtaining money from the Defendant Busan International Credit Union (hereinafter “Defendant Busan International Asset Trust”), and completed the registration of transfer of ownership in the name of the Defendant International Asset Trust on the same day.
The main contents of the land trust contract of this case are as follows.
Article 1 (Purpose of Trust) The purpose of this Trust is to preserve ownership and security values of real estate in trust through the defendant international asset trust in order to guarantee the fulfillment of obligations and responsibilities to be borne by the Geum River General Construction.
Article 8 (Transfer of Ownership and Registration of Trust Property) (1) The Geum River General Construction shall transfer the ownership of the real estate trusted to the defendant International Asset Trust immediately after the conclusion of a trust contract.
[Matters of special agreement] Article 1 (Purpose) of this Trust Agreement provides that a trust under this Trust Agreement shall guarantee the performance of its obligations against Defendant Busan Franchiscison Construction. The Geum River General Construction shall transfer the ownership of the real estate in the trust to Defendant International Asset Trust, and the trust of Defendant International Assets shall preserve and manage the ownership of the real estate in the trust.