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(영문) 서울중앙지방법원 2015.04.08 2014가합564011
정산금지급 청구의 소
Text

1. The Defendant’s KRW 33,00,000 as well as annual 6% from September 18, 2014 to April 8, 2015 to the Plaintiff.

Reasons

The summary of the case is the case where the plaintiff is seeking to pay the settlement amount against the defendant on the ground that the defendant, who is the trustee of the real estate collateral trust, can preferentially acquire the provisional payment, etc. paid during the relevant lawsuit from the money to the plaintiff, who is the priority beneficiary.

On the premise that on November 5, 2004, 16, including A, etc. of a real estate security trust contract, and the defendant entered into a trust contract with the defendant to secure obligations owed by the Gyeonggi District Court Comprehensive Construction Co., Ltd. (hereinafter referred to as "Chuncheon Construction") to the Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as "Bankruptcy Bank") and the Promotion Savings Bank Co., Ltd. (hereinafter referred to as "Promotion Bank"), on July 1, 2013, in order to secure obligations owed to the Promotion Savings Bank Co., Ltd. (hereinafter referred to as "Promotion Bank"), and 16 persons, including A, own 1/16 shares of 202, 203, 204, 701, 702, 105, 106, 201, 101, 101, 101, 101, 102 and 102-11-2 of the Yangcheon-gu Seoul Metropolitan Government Buildings Construction Co., Ltd.

Among them, the main contents of the bearing of expenses are as follows:

Article 13 [Duty of Good Faith and Liability for Warranty] (1) A trustee shall have the duty of due care as a good manager for the preservation, management, and other trust affairs of real estate in trust, and the truster shall assume the responsibility for the defects

(2) Even if damage is incurred to the truster or beneficiary, the trustee shall not be held liable if such damage is not caused by the trustee's intention or gross negligence.

Article 15 [Bearing of Expenses] (1) Taxes and public charges for real estate and trust profits, maintenance expenses, financial expenses, etc., and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the course of performing trust affairs shall be the beneficiary of the trust principal.

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