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(영문) 서울고등법원 2017.04.14 2016나2049915
공탁금출급청구권확인
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. On June 24, 2008, Dong Young-do Co., Ltd. and Dong Young-gu Land Trust Co., Ltd. (hereinafter “Dong Young-gu”) entered into a trust agreement between Dong Young-gu Co., Ltd. and the Korea Land Trust Co., Ltd. (hereinafter “Dong Young-gu”) with the truster and the beneficiary, and Dong Young-do Co., Ltd. trust with the land trust with the land trust for the land trust for the lot of 50-2 567 m2 and 54 m2 (hereinafter “instant trust real estate”). The Korea Land Trust Co., Ltd newly constructed the apartment on its ground to sell the instant trust real estate and the apartment house (hereinafter “instant trust agreement”), and on June 26, 2008, the registration of the ownership transfer due to the instant trust agreement was completed in the future.

B. The main contents of the instant trust agreement and the instant special agreement are as follows. Article 13 (Initial Beneficiary) The first beneficiary of the instant trust refers to “A” (Dong Young-man).

hereinafter the same shall apply.

b) in Section B, however, means the Korea Land Trust;

hereinafter the same shall apply.

Article 14 (Right to Benefit) (1) A beneficiary shall acquire trust proceeds calculated by the method prescribed in the trust contract. (2) A beneficiary shall not be granted the trust property at the time of termination or termination of the trust contract. The following expenses are borne by A:

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