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(영문) 서울고등법원 2018.11.22 2017나2073779
신탁등기말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On April 30, 2012, the Plaintiff and the Defendant concluded a security trust agreement (hereinafter referred to as “each trust agreement of this case”) with respect to each real estate listed in the separate sheet (hereinafter referred to as “real estate 2 through 5”) and each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case” in accordance with the number of each Dong stated in the separate sheet, each of the real estate listed in the separate sheet, and the following items (hereinafter referred to as the “each real estate of this case”) with respect to the Culture Savings Bank of Korea (hereinafter referred to as the “Gam Savings Bank”) as the first beneficiary, and the mobilization system business corporation (hereinafter referred to as the “call system business”) with respect to each real estate of this case as the second beneficiary (excluding the first real estate).

On the same day, the Plaintiff and the Defendant completed each registration of transfer of ownership in the name of the Defendant based on each of the instant trust contracts as the receipt of April 30, 2012 by Suwon District Court Port Office (U.S.) No. 61168.

The Defendant issued a certificate of beneficial rights to each real estate of this case to the Plaintiff based on each of the instant trust contracts.

On May 25, 2012, the Plaintiff and the Defendant concluded a contract to partially amend each of the instant trust agreements with respect to the real estate Nos. 1, 2, and 3, 4, and 5 on July 12, 2012.

Since then, each of the above trust contracts was amended on April 9, 2013 and June 14, 2013 by some of the provisions and the return limit of the preferential beneficiary. Some of the provisions were amended on February 12, 2015.

On May 2, 2012, the Plaintiff was granted a loan of KRW 3,250,000,000 at maturity (hereinafter “instant loan”) on May 2, 2013, as a security for a beneficial interest certificate on each of the instant real estate under each of the instant trust agreements from the Gist Savings Bank (hereinafter “instant loan”).

The instant loan is due on the Plaintiff’s partial repayment with its maturity of KRW 2,690,400,000.

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