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(영문) 서울중앙지방법원 2016.10.20 2016가합519206
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 12, 2015, the Defendant and Kimpo-si B large 1,084.1 square meter (hereinafter “instant land”) in Ecomobro land (hereinafter “Ecomobro”) and the Defendant’s joint security trust agreement between the Defendant and the Defendant.

(1) the Korea Investment Savings Bank (hereinafter referred to as the “Korea Investment Savings Bank”) with respect to the first beneficiary;

First of all, 4.7 billion won for the beneficial interest, 4.7 billion won for the trustor and beneficiary (hereinafter “instant trust agreement”). The trust agreement between the trustor and beneficiary is a security trust agreement between the trustor and beneficiary.

A) Around that time, the Defendant completed the registration of ownership transfer based on the trust with respect to the instant land. (2) The main contents of the instant trust agreement are as follows.

Trust period and trust fees: The trust period and trust fees shall be as specified in attached Form.

[Special agreement] Article 8-4 (Method of Settlement of Proceeds, etc. from Disposal of Property) (1) Notwithstanding Article 22 of the basic contract, where a trustee makes settlement of entrusted real estate by realizing it, the proceeds from the disposal (including the proceeds from the disposal in case of a disposition under Article 9 of the special agreement, if the trustee gives advice to eliminate the possession of an erroneous damage) or the order of appropriation of money acquired by the trustee in relation to the trust or trust real estate shall be in the order

1. Expenses incurred in real estate management and disposal procedures, remuneration and substitute payments to be received by a trustee, and losses, losses and expenses incurred to a trustee in connection with the performance of trust affairs (including the principal and interest of a judgment, attorney fees, etc.);

2. Relevant taxes, such as the property tax imposed and notified during the period of trust in connection with the trusted real estate.

3. Lease deposit which a lessee with opposing power has requested a return to the trustee.

4. Claims of priority beneficiaries;

5. If any remaining amount remains after repayment in succession, a suit is pending against the trustee with respect to the performance of trust affairs at the expiration of the period of trust under Article 19 (Settlement of Trust) payable to the beneficiary or at the expiration of the trust, or a suit for revocation of a fraudulent trust or fraudulent act.

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