Scope of the property tax, etc. notified until the proceeds from the disposal under the trust contract are received;

It is interpreted that the property tax, such as the property tax, notified until the disposal price is received under the trust contract can not be interpreted only by the tax imposed on the trust company, and the comprehensive real estate tax and special tax for rural development imposed on the truster.

Deposit of debtor's debt amount under Article 248 (3) of the Civil Execution Act

2014da 586172 Action to confirm the claim for payment of deposit money

ASA Trust requested the disposal of each real estate, and on April 15, 2014, YW Partnership Co., Ltd.

Switzerland sold each of the instant real estate to S.

- - Other

C. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) from 2010 to 2013 refers to WH C.

Comprehensive Real Estate Tax and Special Rural Development Tax were imposed on each real estate. The Plaintiff was imposed 2014

In accordance with the instant trust agreement (see Article 22) with respect to ASA Trust during the first half of the year, each Dong of this case

The total amount of comprehensive real estate holding tax and special tax for rural development (including additional tax) out of the charges for the disposition of mountain.

296,158,030 won, prior to the Defendants, who are bankruptcy administrators of preferential beneficiaries or preferential beneficiaries, the Plaintiff

ASA Trust requires payment to the Seoul Central District Court on June 27, 2014

No. 13821 to 296,158,030 won shall be determined by the Plaintiff and the Defendants on the ground that the deposited person is not a creditor’s identity.

The deposit was made (hereinafter referred to as "the deposit of this case").

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6

2. The parties' assertion

A. The plaintiff's assertion

Property tax, etc. notified until the disposal price is received under Article 22 (1) 2 of the trust contract of this case

the title of each of the instant real property, WHC, the truster of each of the instant real property,

The comprehensive real estate holding tax imposed and the special rural development tax for which it is the principal tax shall be included. ASA trust shall be

Pursuant to the trust agreement, the Defendants, a trustee in bankruptcy of the preferential beneficiary or the preferential beneficiary, shall be deemed to have been

The amount of comprehensive real estate holding tax must be paid to the Plaintiff. Therefore, the Plaintiff’s deposit of this case

is the person who has the right to pay the amount.

B. The defendants' assertion

Property tax, etc. notified until the disposal price is received under Article 22 (1) 2 of the trust contract of this case

the title of each of the real property of this case, the title trustee of each of the real property of this case

- - Other

WHC, the truster of each of the real property of this case, shall be imposed only on the relevant tax, and shall be imposed on the CHC

under the trust agreement of this case, the first beneficiary under the trust agreement of this case shall not be included. ASA trust shall

The amount equivalent to the amount of comprehensive real estate holding tax, etc. on the Plaintiff before the Defendants, who are bankruptcy administrators.

the Defendants shall not be paid, and such amount shall be paid to the Defendants. Accordingly, the first beneficiary or the Defendants shall

First of all, the Defendants, the bankruptcy trustee of the beneficiaries, are the right to withdraw the instant deposit.

3. Judgment on the plaintiff's main lawsuit and the defendants' counterclaim

A. Article 107(2)5 of the former Local Tax Act (Amended by Act No. 12153, Jan. 1, 2014)

in the case of trust property registered under the name of the trustee under the Trust Act, the trustee shall be liable to pay the trustee.

Therefore, at the time of entering into the instant trust agreement, each of the instant real estates was stipulated as the person.

The person liable to pay the property tax was WHC, the truster of each real estate of this case. However, the defendant

as alleged by the parties, only the applicable tax imposed on ASA Trust, the trustee of each of the real property of this case, shall be imposed.

Property tax, etc. notified until the disposal price is received under Article 22 (1) 2 of the Trust Contract of this case

If it is interpreted that the property tax imposed on each real estate of this case constitutes piracy, the property tax of this case

There is no room to be included in the "property tax, etc." under Article 22 (1) 2 of the Trust Contract.

The same interpretation is in light of the fact that Article 22(1)2 of the Trust Contract of this case examples property tax.

Unfair.

B. According to the instant trust agreement, the taxes and public charges on each of the instant real estate shall be WHHC

WH’s above-mentioned burden shall be borne by the Corporation, and if the ASA Trust has fulfilled the obligation, the preferential profit shall be given.

from among money to be paid to the person (see Article 15), the expenses may be collected with priority (see Article 15), trust property and trust property

The tax affairs related to WHC shall be reported and paid by WHC at its expense.

- 8-

(Article 7 of the Special Agreement). Accordingly, ASA Trust shall be WHC prior to the disposal of each of the instant real property.

In case where the pertinent tax was paid by subrogation, such as the property tax imposed on the person, the disposal cost of each real estate

of the money to be paid to the preferential beneficiary, such expenses may be preferentially collected from the money to be paid to the preferential beneficiary.

If the ASA Trust disposes of each of the real estate of this case, it is against the Plaintiff prior to the Defendants.

Even if the amount of tax imposed on each real estate is paid to WHC, such amount shall be given priority.

It is not an unexpected loss to the interest parties.

C. Therefore, Article 22(1)2 of the Trust Contract of this case is notified until the disposal price is received.

Property tax, etc. is limited to the tax imposed on the ASA trust for each real estate of this case.

No interpretation can be made only with respect to each of the instant real property, and in the language and text thereof, to WHC.

It is interpreted that comprehensive real estate tax and special rural development tax are included. ASA trust is a trust of this case.

Pursuant to the contract, the Defendants, the first beneficiary of the trust principal or the first beneficiary, shall be the trustee in bankruptcy.

of comprehensive real estate tax and special rural development tax imposed on each real estate of this case to the plaintiff

In the end, the right to claim the deposit of this case is the plaintiff and not the defendants.

(c)

4. Conclusion

Thus, the plaintiff's claim on the principal lawsuit is reasonable, and the defendants' counterclaim is without merit.

Korea

AA and 11

March 10, 2015

March 31, 2015

1. The Seoul Central District Court confirmed on June 27, 2014 that the deposit withdrawal right for KRW 296,158,030 deposited by ASA Trust Co., Ltd. was the Plaintiff (Counterclaim Defendant).

2. All the Defendant (Counterclaim Plaintiff)’s counterclaims are dismissed.

3. The costs of lawsuit shall be borne by the Defendant (Counterclaim Plaintiff) in total, with the principal lawsuit and counterclaim.

1. Main office: It is as set forth in paragraph (1) of this Article.

2. Counterclaim: ASA Trust Co., Ltd. confirms on June 27, 2014 that the right to deposit KRW 296,158,030 deposited by the Seoul Central District Court No. 13821 on gold, 2014 is the Defendant (Counterclaim Plaintiff; hereinafter referred to as the “Defendant”).

1. Basic facts

A. On September 30, 2009, WHC Co., Ltd. (hereinafter referred to as "WHC") entered into a real estate trust agreement (hereinafter referred to as "the trust agreement of this case") with a company ASA trust (hereinafter referred to as "ASA trust") to secure its loan obligations against the Gyeonggi Savings Bank Co., Ltd., Ltd., as a priority beneficiary of the trust principal (hereinafter referred to as "priority beneficiary"), and WHC is designated as a priority beneficiary of the trust principal (hereinafter referred to as "priority beneficiary"), and WHC is designated as a priority beneficiary of the trust principal and beneficiary of the trust principal, and as beneficiary of the trust property (hereinafter referred to as "each real estate of this case"). ASA trust completed the registration of ownership transfer for each real estate of this case on the ground of the trust agreement of this case on October 1, 2009 as set forth in the attached list owned by WHCC to ASA trust. The main contents of the trust agreement of this case are as follows: