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(영문) 서울동부지방법원 2017.07.13 2016가합107231

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. Since 2003, E Co., Ltd. (hereinafter “E”) planned and implemented the “instant business” (hereinafter “E”) and the “instant commercial building” (hereinafter “instant business”).

B. On October 5, 2007, E entrusted the instant commercial building to Korea Asset Trust Co., Ltd. (hereinafter “Korean Asset Trust”) for the purpose of securing various debts arising in the course of carrying out the instant business, and entered into a trust agreement for real estate management (hereinafter “instant trust agreement”) with the term of the trust until October 5, 2010 from that date; the first priority beneficiary is a loan financial institution such as lag Capital, etc.; and the second priority beneficiary is the Defendant. Accordingly, the Korea Asset Trust completed the registration of ownership transfer on the same day due to the trust with respect to the entire commercial building.

In addition, on January 11, 2008, E opened a loan financial institution in the name of the Korean Asset Trust and delegates the management of the funds to the Korean Asset Trust. On January 11, 2008, in order to secure obligations, such as loans and construction costs, which E bears in relation to the instant business by designating the Defendant, the Han Bank, the financial agency, and the Korea Asset Trust, as the Korea Asset Trust, and between each of the above companies, E, in order to pay the sales proceeds paid from the buyers in accordance with the instant commercial buildings (hereinafter “instant sales proceeds account”), and the account used for the purpose of paying various expenses related to the instant business (hereinafter “instant operation account”), respectively, shall be opened in the name of the Korea Asset Trust and delegate the management of the funds to the Korea Asset Trust. The withdrawal from the instant sales revenue account shall be made only by account transfer from the operating account to the management account, and the withdrawal from the instant operation account shall be made in writing by the enforcement company (E) and the Si Corporation (Defendant).