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(영문) 서울중앙지방법원 2017.08.17 2017가합509770

신탁변경계약무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff (from B to March 6, 2008) is a company established on September 25, 1998 for the purpose of real estate sales business.

Since 2003, the Plaintiff purchased the land of Seo-gu Incheon, Seo-gu, Incheon and D and conducted a business to newly build and sell a commercial building on the ground level 2 and 7th above the ground level (hereinafter “E”) and a business to newly build and sell a commercial building on the land located in Bupyeong-gu, Incheon (F).

On January 27, 2003, the Plaintiff was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy on September 7, 2012.

(1) On August 29, 2003, the Korea Savings Bank concluded a credit transaction agreement with each of the loans of KRW 3.6 billion from the Korea Savings Bank, KRW 4 billion from the Korea Savings Bank, and KRW 3.2 billion from the Korea Savings Bank (hereinafter “Korea Savings Bank”) on August 29, 2003.

On June 30, 2004, the Plaintiff entered into a real estate security trust agreement between the Defendant and the Plaintiff, the first priority beneficiary savings bank (the profit limit amounting to 5.2 billion won), the savings bank (the profit limit to 4.16 billion won), the beneficiary, and the trustee.

On the other hand, ABC entered into a credit transaction agreement with the Korea Savings Bank on June 25, 2009 with a loan amount of KRW 7 billion, and the Plaintiff jointly and severally guaranteed the loan obligations.

On August 20, 2009, the Plaintiff entered into a trust change agreement (hereinafter “instant trust change agreement”) with the debtor, the debtor, the C&C, the first beneficiary savings bank (the maximum amount of 9.1 billion won) with respect to the nine units of the instant G commercial building (hereinafter “real estate stated in the attached list”). On August 20, 2009, the registration of the instant trust change agreement was completed on August 21, 2009.

Plaintiff

and the plaintiff.