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(영문) 서울중앙지방법원 2017.12.13 2017가합531289

손해배상

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. From around 2007, K Co., Ltd. (hereinafter “K”) promoted a new apartment construction project to the Nildong in Ulsan-gu (the name of this legal consent and the administrative Dong is in the Mdong; hereinafter “Ldong”) from around 2007.

On November 20, 2007, K entered into a real estate security trust agreement with respect to the above apartment project site and its ground buildings (including both the increased or decreased changes due to the purchase of an additional site or the removal of a building, etc.; hereinafter “instant trust real estate”) with respect to the aggregate (limited to the parts related to the determination of the issues of the instant case) as follows:

(hereinafter “instant trust contract”). Article 18 (Timing for Disposal of Trust Real Estate) (1) In any of the following cases, a trustee may dispose of trust real estate at the request of the priority beneficiary even before the expiration of the trust period:

1. Credit transactions concluded between the first beneficiary and the debtor as well as non-performance of the guarantee obligation agreement: Provided, That where the truster is not the primary debtor, the truster shall be liable for non-performance of obligation based on a guarantee agreement between the truster

2. Where the truster violates the trust contract;

3. Other necessities for realization, such as reduction of collateral value.

Article 19 (Disposal Method) (1) In principle, sale by open competitive bidding shall be made at the time of the occurrence of a seal.

Provided, That at the time of a failed inspection, a private contract may be made under the conditions of sale before the next public auction notice.

Attached Form

On December 26, 2007, the savings banks listed in the list 1 and 2 (hereinafter "the lender of this case", and when each savings bank is involved, all of the "stock company" shall be omitted) provided loans to K in total 95 billion won by sharing the amount stated in the "first amount of loans" listed in the attached Tables 1 and 2 attached hereto. The lender of this case and the defendant set the lender of this case as the joint secured interest holder and the priority beneficiary under the above trust agreement.

(b).