(영문) 서울중앙지방법원 2016.06.17 2015가합572972

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.06.17 2015가합572972

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Article 1(Purpose of Trust) The purpose of this Trust Contract is to preserve and manage the trust real estate in order to secure the obligation or responsibility for the beneficiary(including the debtor, if any) to the beneficiary, and to dispose of and settle the trust real estate in case of default of the beneficiary(s) and the beneficiary(s).

Article 3 (Trust Period) (1) The period of trust shall be as shown in attached Form 2, and the beneficiary and the trustee may extend the period by mutual agreement before the termination of the trust.

(2) Where a person in charge fails to perform his/her obligation against the preferential beneficiary, the trust period shall be extended automatically by one year on the same condition at the request of the preferential beneficiary.

Article 7 (Beneficiary and Preferential Beneficiary) (1) A beneficiary and preferential beneficiary shall be designated by the trust contract as shown in attached Form 2.

Article 24 (Termination of Trust) (1) No beneficiary shall, in principle, terminate this trust contract unless there is a natural disaster or any other inevitable reason.

However, if the beneficiary, beneficiary (including the pledgee, if the beneficiary establishes a pledge on the right to benefit), and trustee consent, the beneficiary may terminate this trust contract, and in such cases, the taxpayer and the beneficiary shall compensate the trustee for the loss caused by the termination of this trust contract.

(2) If it is impossible or substantially impracticable to achieve the purpose of the trust or to perform the trust affairs due to any change in the system, such as the amendment and repeal of the provisions of law, change in economic circumstances, transfer of ownership to the person to be sold, or any other reasonable cause, the trustee may terminate this trust contract after consultation with the beneficiary and the preferential beneficiary (including the pledgee who has created a pledge on the right

(3) In the termination under the provisions of paragraphs (1) through (2), the trustee shall bear the expenses for the trust.

유사 판례

-서울중앙지방법원 2016.02.18 2013가합545099

-서울고등법원 2016.11.25 2016나2019945

-서울중앙지방법원 2015.04.09 2014가합507346

-서울중앙지방법원 2019.09.25 2018가합585368

-의정부지방법원 2019.01.17 2018나202171