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(영문) 서울중앙지방법원 2016.07.08 2015가합565790

전부금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

In the course of the conclusion of a real estate security trust agreement between the Defendant and Dongnam Construction, the Defendant (the Korea Exchange Bank was merged with Han Bank on September 1, 2015, and the Korea Exchange Bank changed its trade name to Han Bank on the same day; hereinafter, regardless of whether before or after the merger, the Korea Exchange Bank was changed to one Bank; hereinafter, “Defendant”), on October 8, 2012, set the payment period of KRW 6 billion to B Co., Ltd. (hereinafter “B”) at KRW 2.4% on October 8, 2013, and on the same day, C loaned the above loan debt at KRW 7.8 billion on the joint and several guarantee (limited guarantee) within the limit of KRW 7.8 billion on the same day.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve, manage the trust real estate in order to ensure the management of the ownership of the trust real estate and the fulfillment of the liabilities or responsibilities borne by the ASEAN Construction.

Article 3 (Trust Period) (1) The trust contract period shall be as shown in attached Form 2, but the period may be extended through consultation between the ASEAN Construction and the defendant before the trust is completed.

(2) Where a trust real estate is disposed of at the request of priority beneficiaries, etc. before the trust period under paragraph (1) expires, the trust shall be deemed terminated when the registration of ownership transfer is completed.

Article 4 (Beneficiary) (1) The beneficiary in this contract shall be classified into the first beneficiary in the trust principal, the beneficiary in the trust principal, and the beneficiary in the trust interest as shown in attached Form 2.

Article 19 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, the defendant may dispose of the real estate in trust at the request of the priority beneficiary even before the expiration of the trust period:

Provided, That it shall not be disposed of where the ASEAN Construction or the debtor additionally provides real estate deemed sufficient to secure the claims of the priority beneficiary due to the occurrence of a cause under subparagraph 3.

1. Where a credit transaction agreement concluded between the priority beneficiary and the debtor is violated;

2.Dongnam-do Construction.