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(영문) 서울중앙지방법원 2020.01.16 2018가합546776

사해신탁취소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

3...

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s claim against C Co., Ltd. on November 12, 2011 (hereinafter “C”).

2) On May 16, 2018, the Seoul Central District Court rendered a favorable judgment in favor of the Plaintiff that “C shall pay to the Plaintiff 375,000,000 won per annum from August 26, 2016 to March 15, 2018, and 15% per annum from the next day to the date of full payment.”

B. We examine the developments leading up to the conclusion of each real estate security trust agreement between C and the defendant in detail.

1) On December 28, 2016, Real Estate Security Trust Contract C is deemed E on December 28, 2016 (hereinafter “E”).

(2) For the purpose of securing the principal and interest of bonds against the trustor C, the Defendant, the first beneficiary E, and the first beneficiary’s profit-limit USD 47,362,250 (hereinafter “unified”) were determined and entered into a trust contract for each land listed in the separate sheet Nos. 36 through 40 (hereinafter “real estate security trust contract as of December 28, 2016”) in order to secure the principal and interest of bonds against the trustor C, the trustee, the Defendant, the first beneficiary, and the first beneficiary’s profit-limit amount, and each real estate trust contract as of each of the real estate (hereinafter “real estate trust contract as of December 28, 2016”) entered into between the trustor C, the first beneficiary, the first beneficiary bank, and the first beneficiary’s profit-limit on each of the real estate (hereinafter “real estate trust contract”) into with the trust contract as of January 3, 2017 and the trust contract as of each of the real estate (hereinafter “the trust contract”).

(B) The Defendant concluded the instant real estate on January 3, 2017.