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(영문) 서울동부지방법원 2012.02.07 2011가합6531

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant's report on the sale of goods was accepted 1) The Or-wheeled City Development Co., Ltd. (hereinafter "Sover-the-counter company").

) The Seoul Special Metropolitan City Gwangjin-gu and K site and the commercial building on its ground (hereinafter referred to as “instant real estate”).

(2) The project to remodel and sell the project (hereinafter referred to as the “project of this case”).

(2) On October 11, 2005, the Seoul Eastern District Court received on October 11, 2005, and completed the registration of ownership transfer under the name of the non-party company. 2) On October 11, 2005, the non-party company concluded an agency agreement (hereinafter “instant agency agreement”) with the Korea Asset Trust Co., Ltd., a fund manager, the Korea Asset Trust Co., Ltd., a financial institution, mutual savings bank, etc. (hereinafter “promotion mutual savings bank”), and entered into a real estate trust agreement (hereinafter “Korean Asset Trust”) with respect to the instant real estate with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), and the main contents of the trust agreement are as follows.

Article 3 (Beneficiary) (1) The preferential beneficiary under this trust agreement is an promoted mutual savings bank.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (2) No truster shall reduce the value of trust real estate by means of the establishment of rights, such as lease, etc., or change of the current state thereof, without the prior consent of the trustee.

Article 22 (Method of Settlement, such as Proceeds from Disposal of Property) (1) Where a trustee liquidates and adjusts the trusted real estate, the order of appropriation shall be as follows:

1. Expenses incurred in real estate management and public auction procedures, and remuneration to be received by the company;

2. Property tax, etc. notified until the proceeds from the disposal are received.

3. Deposit for lease taking precedence over the mortgagee of a mortgage;

4. Claims of the mortgagee of the right to collateral security before trust is created.

5. Lease deposit of the lessee with opposing power in the company.

6. The priority beneficiary;