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(영문) 서울중앙지방법원 2017.01.19 2015가단5397353

손해배상(기)

Text

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

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

Reasons

1. Basic facts

A. On June 7, 2012, the Plaintiff entered into a real estate security trust agreement (hereinafter referred to as “instant security trust agreement”) with the Defendant International Asset Trust Co., Ltd. (hereinafter referred to as the “Defendant International Asset Trust Co., Ltd.”) in relation to the trustee (a truster (a beneficiary of trust principal and trust proceeds) with respect to the instant real estate (hereinafter referred to as “instant real estate”) of the Sungnam-si, Sungnam-si, which was owned by the Plaintiff, as the truster (a truster concurrently holds the beneficiary of trust principal and trust proceeds), and a Securities Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, the Bank, and the Trust, the trustee of the Defendant International Asset Trust (hereinafter referred to as “the instant real estate trust agreement”).

Article 1(Purpose) The purpose of this Trust is to preserve the ownership and security value of trust real estate (the real estate of this case refers to the real estate of this case; hereinafter the same shall apply) through B (the defendant International Asset Trust refers to the defendant International Asset Trust; hereinafter the same shall apply) in order to guarantee the fulfillment of obligations or responsibilities borne by A (the plaintiff refers to the plaintiff; hereinafter the same shall apply) and to liquidate the default of obligations.

Article 7 (Right to Benefit of Preferential Beneficiaries) (1) The scope of profit of the right to benefit held by the preferential beneficiary shall be the principal, interest, delay damages, etc. of the preferential beneficiary whose increase or decrease is changed due to credit transactions between the preferential beneficiary and the principal debtor (referred to as "the plaintiff" refers to the plaintiff; hereinafter the same shall apply)

Provided, That the upper limit shall be 4 (1 billion won) of attached Table 1 (Omission).

Article 18 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, even if before the expiration of the period of trust, the real estate in trust may be disposed of at the request of the first beneficiary:

1. In principle, Article 19 (Method of Disposal) (1) In cases of failing to perform credit transactions entered into between a preferential beneficiary and a debtor with a guarantee obligation agreement (hereinafter referred to as "proviso") (1)

Provided, That the conditions of the preceding public auction shall be the conditions before the next public auction notice.