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1. On August 28, 2007, Defendant Co., Ltd and Kobin Co., Ltd. on real estate indicated in the attached Form to the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2007, Defendant Jin real estate trust concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant Kin real estate trust, wherein the subject matter of trust is the entire divided ownership of 1,348 stores within the instant building, and the first-order non-resident of the trust principal is specialized in asset-backed securitization, the second-class mutual savings bank, the second-class company, the second-class company, the second-class company, the second-class company, the second-class company, the third-class company, the third-class company, the real estate trust agreement (hereinafter “instant trust agreement”) with the content that the first-class beneficiary of the trust principal is KRW 26 billion.
B. The main contents of the instant trust agreement are as follows.
Article 1 (Trust Purpose) The purpose of this Trust is to preserve and manage real estate and to liquidate it in case of default in order to guarantee the management of ownership of real estate held in trust and the performance of obligations or responsibilities owed by the truster (including the debtor, if any).
(1) No truster shall, in principle, terminate a trust unless he/she has consented to the termination of the trust, or there are other unavoidable circumstances, such as a natural disaster, etc., and even where the trustee has consented to the termination of the trust, any damage incurred thereby shall be borne by the truster.
(2) Notwithstanding the provisions of paragraph (1), if it is impossible or substantially impracticable to achieve the objectives of the trust or to perform the trust affairs due to a change in the economic situation or any other substantial reason, the trustee may terminate the trust affairs in consultation with the truster.
Article 24 (Termination of a Trust) (1) This Trust deed shall be a certificate of beneficial interest without any credit transaction with the preferred beneficiary, when the truster performs his/her obligations to the preferred beneficiary during the period of the trust, and the trust deed is terminated after the truster receives the certificate of beneficial interest.