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(영문) 서울중앙지방법원 2020.08.21 2020가합522766
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1 Construction of the instant building) On March 23, 2016, Defendant and D, E, and F: (a) on the part of the truster and beneficiary on March 23, 2016, the truster and beneficiary are the Defendant, E, F, and trustee, and the Si Corporation are the Defendant, G Co., Ltd., Ltd.; and (b) 2,703 square meters (hereinafter “instant land”).

(1) The “Land Trust Business Agreement” with the content that “I”, a complex facility, is newly constructed and sold on the ground, and accordingly, “sale-type land trust agreement” with the content that the instant land is entrusted to the Defendant (hereinafter “instant trust agreement”).

The main contents of the instant trust agreement are as follows. ① The trustor is the land of this case (hereinafter referred to as “land”)

(2) The purpose of this trust shall be the building on the land (hereinafter referred to as the “building”).

Article 5 (Loan) ① A trustee may appropriate funds necessary for the construction of a building and the performance of trust affairs for the trust property, or borrow funds at the expense of the truster and the beneficiary. In such cases, the borrowing of funds shall include borrowing from the truster or the trustee’s own guidance, and borrowing from the truster and the trustee’s own guidance. The lending of funds shall include the repayment of loans and interest thereon under Article 5 in money belonging to the trust property under Article 19 (Appropriation of Expenses due to Realization of Trust Property), losses incurred without the negligence of the trustee in the performance of trust affairs, and other expenses incurred in performing trust affairs and the substitute payment of the trustee are insufficient to appropriate the shortage to the beneficiary, and if it falls short thereafter, the trustee may sell part or all of the real estate in the trust property as the method and value deemed reasonable by the trustee to be appropriated.

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