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(영문) 수원지방법원여주지원 2019.03.27 2018가합5378

배당이의

Text

1. Of the distribution schedule prepared on March 14, 2018 by the said court in the case of a voluntary auction of the I real estate located in the Suwon District Court.

Reasons

1. Basic facts

A. The relationship between L and M as an incorporated foundation, etc. 1) Nonparty L is each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) Around September 200, 200 for the purpose of the creation, maintenance, management, etc. of a park cemetery, M (hereinafter “M”) as an incorporated foundation completed the registration of ownership transfer as of November 11, 1999 by the Suwon District Court Branch Branch, the Suwon District Court Branch, and the Gyeonggi-do Governor’s approval as a N business entity around October 200.

3) L decided to contribute each of the instant real estate to M, and the articles of incorporation of M included the purport that the instant real estate shall be its fundamental property. However, L did not complete the registration of ownership transfer in the future for M as to each of the instant real estate. B. L and M concluded a real estate management trust agreement with the beneficiary, and the trustee, designating M as the beneficiary, and the trustee, as to each of the instant real estate:

(hereinafter “instant trust contract”). Article 1 (Purpose of Trust) of the Real Estate Management Trust Agreement (Purpose of Trust) of the Trust Agreement is to carry out management affairs, such as preservation and lease of real estate held in trust by a trustee.

Article 3 (Trust Period) The period of trust shall be from March 9, 2002 to March 8, 2003, and the truster, trustee, and beneficiary may extend the period in consultation before the termination of the trust.

Article 4 (Beneficiary) (1) A beneficiary of trust principal and trust proceeds: The proceeds of the trust in MM Article 9 shall be the rents arising from the trusted real estate and the profits arising from the management of money belonging to the trust property, and other equivalent profits.

Article 10 (Certificate of Rights to Benefit) A trustee may, if requested by the beneficiary, deliver to the beneficiary a certificate of rights to benefit to benefit in trust, and in such cases, the certificate of rights to benefit may be prepared in installments by indicating the ratio of shares.

K on 2. 202