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(영문) 서울중앙지방법원 2014.09.18 2013가단5196037
위탁자 및 수익자 지위변경절차 이행청구
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1. The Defendant Coin Assets Trust Co., Ltd. is the original trust register for each real estate listed in the separate sheet No. 1 attached to the Plaintiff.

Reasons

1. The facts of the reasons for the attachment of the facts of recognition can be acknowledged in light of the following: (a) the Defendants failed to clearly dispute, thereby making a confession; or (b) the entries in the evidence A1 to 3 (including the serial number) and the purport of the entire

2. Determination:

A. According to the facts of recognition, Defendant MS clubs Co., Ltd, barring special circumstances, bears the duty to transfer the status of a truster and a beneficial person with respect to each real estate listed in the separate sheet No. 1 of the instant project site according to the business transfer contract, and thus, is obligated to express the intention of acceptance with respect to the registration of change in each original trust register.

In addition, Defendant Czeco Asset Trust Co., Ltd. is obligated to implement the procedures for registration of change in the original trust register concerning the purpose of collateral trust, the fiduciary duty as a trustee, the fiduciary duty as well as the change of the beneficiary in accordance with the duty of loyalty, as it transferred all of its business to the Plaintiff, and repaid all of its debts to the first beneficiary, and thus, it is obligated to express its consent on the change in the original trust register.

B. Meanwhile, the Defendants asserted that the business transfer contract between the Plaintiff and Defendant MS clubs is null and void as an unfair legal act. However, there is no evidence to acknowledge this, the Defendants’ assertion is without merit.

3. Therefore, the plaintiff's claim of this case is accepted for reasons of the conclusion.

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