logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.02.18 2013가합545099
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. C’s new construction of a building was newly built of F with the size of 1st and 5st above ground (hereinafter “instant building”) on the land of 1,843 square meters in Seopoposi E in the name of spouse D. Before obtaining approval for the use thereof, registration of preservation of ownership in D’s name was completed on May 12, 201 due to a commission of registration of provisional injunction by a provisional injunction decision issued pursuant to D’s application (U.S. District Court Branch Branch 201Kahap194) prior to obtaining approval for the use thereof.

B. D (a) the trust of the instant building, the loan of the Defendants, etc. (hereinafter “trustee”), Korea Asset Trust (hereinafter “trustee”), the Defendants (hereinafter “joint first-class beneficiary”) and G, H, I, and the Plaintiffs (hereinafter “joint second-class beneficiary”). Joint first-class beneficiary” and “joint second-class beneficiary” collectively refer to the “joint first-class beneficiary” and “joint second-class beneficiary” and “joint second-class beneficiary,” respectively, respectively, enter into a security trust agreement (hereinafter “trust agreement”) with respect to the instant building and its site (hereinafter “trust real estate”).

Article 24 (Termination of Trust) (1) In principle, no truster or beneficiary shall terminate this trust contract unless any natural disaster or other inevitable circumstances exist.

However, the truster or beneficiary may terminate this trust contract where the consent of the beneficiary, beneficiary (including the pledgee where the pledge has been created on the right to benefit), and the trustee has been obtained, and in such cases the truster and beneficiary shall compensate the trustee for the loss caused by the termination of this trust contract.

Article 3 (Management of Real Estate in Trust) (1) A trustee shall perform important matters related to the performance of affairs related to trust in consultation with the truster and the preferential beneficiary, and the trustee shall perform only the management of ownership and the transfer of ownership at the request of the preferential beneficiary entered in the register of register, and all of the actual management and preservation activities shall be performed by the truster.

arrow