(영문) 서울중앙지방법원 2020.01.22 2018가단5097418

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(영문) 서울중앙지방법원 2020.01.22 2018가단5097418

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant C purchased the land E site of Yeonsu-gu Incheon from around the summer in 2014 and purchased the F building on that ground (hereinafter “the instant building”).

) The Plaintiff constructed the instant building on behalf of the Defendant C. Recognizing the loan of the purchase fund of the said land, the Plaintiff attempted to construct the instant building and, in return, agreed to sell part of the instant building at low prices (hereinafter “the instant agreement”) at the same time, by introducing the pilot construction for the construction of the instant building, etc.

Article 1 (Purpose of Trust) The Trust Contract was made orally with the management of ownership of real estate held in trust and Defendant C (hereinafter “A”).

)the Defendant Company (hereinafter referred to as the “B”) shall ensure that its liabilities and obligations to be borne by the obligor are guaranteed.

The purpose is to preserve and manage the trusted real estate and to liquidate it in the event of default. Article 17 (Time of Disposal of Trust Real Estate (1) In any case falling under any of the following subparagraphs, the trusted real estate may be disposed of at the request of the first beneficiary, even if before the end of the trust period:

Provided, That where Party A provides real estate deemed sufficient to secure the claims of the preferential beneficiary due to the occurrence of a cause under subparagraph 3, it shall not be disposed of.

1. Where it fails to perform a credit transaction contract concluded between the priority beneficiary and the debtor;

2. When the trust contract is violated;

3. Article 21 (Settlement of Proceeds from Disposal of Property, etc.) (1) The order of priority in cases where Eul liquidates the trusted real estate and settle the accounts thereof shall be as follows:

1. Expenses and remuneration related to the trust deed;

5. Claims of priority beneficiaries;

6. To pay in sequence the remainder to the beneficiary (a truster if the beneficiary does not have the beneficiary), if any, in the order of payment.

유사 판례

-서울중앙지방법원 2020.01.22 2018가단5097418

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-의정부지방법원 2014.12.23 2014구합7713

-부산지방법원 2016.06.15 2015가합46952