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(영문) 서울중앙지방법원 2017.10.17 2016가합568673
추심금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant is from December 1, 2016 to KRW 454,979,651 to the Plaintiff.

Reasons

1. Basic facts

A. On March 2015, B entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant with the content that: (a) the building on the ground of B’s land-based officetels (hereinafter “instant officetel”) owned by the Defendant at the port (hereinafter “instant officetel”); (b) the Defendant completed the registration of ownership transfer on the grounds of trust on March 20, 2015, with respect to each of the above real estate (hereinafter “instant trust agreement”); (c) the Defendant completed the registration of ownership transfer on the grounds of trust on March 20, 2015.

The purpose of this trust is to preserve and manage the trust real estate and to liquidate and settle the trust real estate when the trustee fails to perform his/her obligations, in order to guarantee the ownership management of the trust real estate and the performance of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply).

Article 2 (Trust Period) (1) The trust period shall be as shown in Appendix 2-1, and the truster may extend the trust period in consultation with the trustee before the trust period expires.

(2) Where the trust real estate is disposed of at the request of the first beneficiary before the expiration of the trust period under paragraph (1), this trust contract shall be deemed terminated when the transfer of ownership is registered to the purchaser.

Article 3 (Beneficiary) (1) The beneficiary under this trust agreement shall be as shown in Appendix 2-2.

Article 4 ( Originals of Trust) The originals of Trust shall be the profits accrued from the management of money belonging to the trust property and others corresponding thereto, such as the trust property or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the trusted real estate, and the penalty arising in connection with the disposal procedure.

Article 17 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, real estate in trust may be disposed of at the request of the priority beneficiary, even if it is before the termination of the trust contract:

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