beta
(영문) 서울고등법원 2016.10.07 2015나2063952

정산금

Text

1. Of the judgment of the first instance, part of the judgment against Defendant C and D includes the Plaintiffs’ claims extended and reduced in the trial.

Reasons

1. Basic facts

A. A. Around December 26, 2008, 2008, White L&C Co., Ltd. (hereinafter “White L&C”) concluded a trust agreement and newly constructed G (as a whole, referring to various buildings; hereinafter “instant containers”) on a single unit of F in Gangwon-gun, Gangwon-do.

On January 14, 2009, around the time of completion of the registration of an aggregate building with respect to the instant container, on January 14, 2009, the instant container entered into a trust agreement (hereinafter “instant trust agreement”) with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd”) with respect to the land surrounding the instant container, including 158 partitioned buildings of the instant container and 477 square meters in size, etc., and accordingly, the ownership transfer registration was completed in the name of the Korea Asset Trust Co., Ltd with respect to the said 158 partitioned building.

The instant trust agreement was concluded for the purpose of providing security for the plaintiffs, Defendant C, D, and I, and the first priority beneficiary, Defendant C, D (the amount of profit limit each), first priority beneficiary I (the amount of profit limit KRW 780 million), second priority beneficiary I (the amount of profit limit each), and joint third priority beneficiary (the amount of KRW 750,000,000,000).

B. Since the sale of the instant containers by the public auction of 105 sections of the instant containers, around February 24, 201, Defendant C and D applied for a public auction of 105 sections of the instant containers, which had not been sold until then among the 158 sections of the sections of the instant containers, the subject of the trust in the Korea Asset Trust, and accordingly, the Korean Asset Trust had 105 sections of the said sections of the public auction, but the public auction continued to be inspected on February 8, 2012. < Amended by Presidential Decree No. 23588, Feb. 8, 2012>

On the other hand, on May 15, 2012, Defendant C and D established Defendant E with its business purposes, including accommodation business, condominium business, family hotel business, real estate development, and consulting-related business, through the promoters’ general meeting. On May 24, 2012, Defendant E with 00 D&C.