(영문) 서울북부지방법원 2018.04.27 2016가단39474

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(영문) 서울북부지방법원 2018.04.27 2016가단39474

전부금

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On April 10, 2015, the Defendant: (a) newly constructed and sold a retail market and other buildings (hereinafter “instant building”) on the ground (hereinafter “the instant land”); and (b) concluded the instant trust agreement with the Defendant by designating the first priority beneficiary as a financial institution, such as the subsidiary savings bank, the Si Corporation (hereinafter “F Savings Bank”); (c) the subsidiary savings bank (hereinafter “F Savings Bank”); and (d) the subsidiary franchise, the joint guarantor, a joint guarantor, as a financial institution; (d) the second priority beneficiary as the beneficiary; and (e) the third priority beneficiary as the beneficiary and the third priority beneficiary as the management trust agreement (hereinafter “the instant trust agreement”) in order to carry out the instant project.

Of the terms of the instant trust agreement, the parts relating to the instant case are as follows.

Article 1 (Trust Purpose) of the Trust Contract of this case is entrusted to the defendant with the land of this case, and the defendant shall accept it.

The purpose of this trust is to build the instant building on the instant land and sell the land and buildings (referring to the land and buildings collectively referred to as the “trust real estate”) as trust property.

Article 12 (Trust Profits) Trust earnings shall consist of proceeds from the management of money belonging to trust property, such as proceeds from sale (including contract deposits and part payments), deposit money, and other similar things generated from trust real estate.

Article 23 (Trust Period) The period of trust under Article 23 (Trust Period) shall be as shown in attached Form 3.

However, where there is an application for extension of the trust period from the beneficiary 30 days prior to the expiration of the trust period, "A (lived Global)" and "B (Defendant)" may extend this period in consultation.

Article 25 (Termination of Trust) The Trust Contract shall be terminated in any of the following cases:

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