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(영문) 서울중앙지방법원 2018.07.13 2018가합502066

공탁금 출급청구권 확인

Text

1. B Co., Ltd.: 1,000,000 won out of KRW 1,641,631,460 deposited by the Seoul Central District Court No. 6574 on March 29, 2017. < Amended by Act No. 6574, Mar. 29, 2000>

Reasons

1. Basic facts

A. 1) Co., Ltd. (hereinafter “C”)

(B) On March 18, 2008, B Co., Ltd. (hereinafter “B”).

C) As between C and nine other financial institutions (hereinafter referred to as “D, etc.”)

(3) The trust property of this case is the trust property of this case (hereinafter “instant trust property”) in Seoul E, Gangnam-gu, Seoul, and four lots of land (hereinafter “instant trust property”).

As to D, real estate security trust agreement (hereinafter “instant trust agreement”) with the first priority beneficiary (the maximum amount of 46,620,000,000) jointly with D, etc.

A) On the same day, B entered into a contract with D, etc. to change the registration of ownership of the instant trust property into a real estate security trust agreement by changing the first priority beneficiary under the instant trust agreement into F with B, D, etc. on December 29, 2016.

Article 15 [Bearing of Expenses] (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the course of performing trust affairs shall be borne by the truster.

(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date, a trustee may pay them on behalf of him/her, and in such cases, the truster shall pay damages for delay from the due date to the due date to the due date to the due date of arrears in accordance

(4) A trustee may deduct and collect the substitute payments and damages for delay referred to in paragraph (3) from the money or property to be paid to the truster or the preferential beneficiary in preference thereto.

Article 22 (Method of Settlement of Proceeds from Disposal of Property, etc.) (1) The order of appropriation in cases where a trustee liquidates and settles trust real estate shall be as follows:

1.