beta
(영문) 서울중앙지방법원 2019.05.29 2018가단5176809

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff is a person who has become a trustee in bankruptcy due to the bankruptcy of C Co., Ltd. (hereinafter referred to as “Plaintiff”), and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) is a trust company authorized to engage in trust business by the Financial Services Commission, and Defendant Young-si is a local government that received the instant property tax from Defendant B.

On July 6, 2009, the conclusion of each real estate security trust contract by the Defendant B, the truster, entered into a real estate security trust contract with Nonparty D, E, F, G, and H on July 6, 2009, with respect to the non-party J (hereinafter referred to as the “J”) as the debtor with respect to the non-party D, E, F, H, and ten parcels and above-ground buildings, not less than 2764m2 in Young-gu, Young-gu, Young-gu, G, and H as the truster, and the Plaintiff as the priority beneficiary (the maximum amount of profit 7,050,000,000 won), and each of the above truster as the original beneficiary.

On September 3, 2010, Defendant B entered into a security trust agreement with Nonparty D, E, F, G, and H, the truster on September 3, 2010, changing the debtor into Nonparty K Co., Ltd. (hereinafter “K”), with respect to the security trust agreement as of July 6, 2009.

On September 13, 2010, Defendant B entered into a security trust agreement with Nonparty F, D, L, M, and N, the truster on September 13, 2010, with respect to the size of 198 square meters for an O cemetery of Yeongdeungpo-gu O cemetery 198 square meters between the truster and Nonparty F, D, L, M, and N, as the debtor, the Plaintiff as the priority beneficiary (30 billion won for profit), and the said truster as the principal beneficiary.

The non-party D, E, F, G, and H, the truster of the collateral trust contract as of July 6, 2009 and the collateral trust contract as of September 3, 2010, which were the truster of the collateral trust contract as of September 3, 2010, shall terminate part of the above contract and obtain the ownership of the non-party D, E, F, G, and H of the non-party I and four lots of land and the above real estate, which are part of the trust real estate, from the defendant B. On March 7, 2011, P Co., Ltd (the former trade name before the change; hereinafter referred to as "P") and each of the above real estate.