beta
(영문) 서울중앙지방법원 2019.05.30 2016가합557468

사해행위취소

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. 1) C entered into a real estate security trust contract and the establishment of preferential right to benefit, etc., on April 30, 2008, shall be as follows: (a) C entered into with the Defendant on April 30, 2008; and (b) D large 586.9m2 (hereinafter “instant land”).

From April 30, 2008 to April 29, 2011, the first beneficiary E Co., Ltd. (F Co., Ltd.) changed its trade name to F Co., Ltd. on September 201.

“F” regardless of whether it is before or after the change in the trade name;

(3) The Real Estate Security Trust Contract (No. 333, hereinafter “previous Real Estate Security Trust Contract”) with the following content as the beneficiary and debtor C:

On the same day, the registration of ownership transfer for the instant land was completed to the Defendant on the same day by the Daejeon District Court No. 39403.Article 1 (Purpose of Trust) This trust includes the management of the ownership of real estate held in trust and C (where there is a separate debtor, including the debtor).

hereinafter the same shall apply.

The purpose of Article 4 is to preserve and manage the trust property and to liquidate and settle it when the debtor fails to perform his/her obligations. The original of the trust is the trust property or property acquired by subrogation thereof, the lease deposit acquired and kept by the defendant as a lessor, the profits accruing from the management of the trust property, such as the proceeds of disposal of the trust property and penalty arising in connection with the disposal procedure, and other equivalent matters, in order to guarantee the fulfillment of the obligations or responsibilities borne by the beneficiary. The proceeds of the trust in Article 5 (proceeds of Trust) shall be the rent, etc. accruing from the trust property and others equivalent thereto. < Amended by Act No. 7 (Priority Rights of Preferential Beneficiaries) ① The scope of the right to benefit held by the preferential beneficiary shall be limited to the loan principal and interest (including deferred interest) of the increased or decreased beneficiary due to credit transaction between the beneficiary and the debtor

(2) The priority beneficiary shall be a certificate of beneficial rights issued by the defendant.