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(영문) 서울중앙지방법원 2017.12.01 2016가합559853
신탁이익금 청구의 소
Text

1. The defendant (attached Form 1) shall be KRW 1,731,590,022 to the plaintiff within the extent of trust property under the trust contract as stated in attached Form 1.

Reasons

1. Basic facts

A. On January 29, 2013, the Plaintiff, the Defendant, the Intervenor, the Intervenor’s Intervenor (hereinafter “Supplementary Intervenor”), the non-party dopco (hereinafter “dopco”), and the Non-party Mez comprehensive financial securities corporation (hereinafter “Mesz comprehensive financial securities”) entrusted the Defendant with the land of 943 to 989m2 (hereinafter “instant land”). The Defendant newly constructed and disposed of the buildings of 6th underground, 10 residential facilities and business facilities (officetel) on the said land, and paid trust benefits to the beneficiaries. The Mesz comprehensive financial securities were the first and second priority beneficiaries of the lending institution, the Plaintiff and dopco joint beneficiaries, the third priority beneficiaries of the construction and joint beneficiaries, and the land management trust contracts (hereinafter “instant trust contracts”).

The main contents of this case in the above trust agreement are as follows.

As follows, a management-type land trust contract (hereinafter referred to as a “consignor and beneficiary”), an intervenor (hereinafter referred to as a “consignor”), the defendant (hereinafter referred to as a “consignor 1”), dopco (hereinafter referred to as a “joint third priority beneficiary”), and the Plaintiff (hereinafter referred to as a “Si construction 2,” and the “joint third priority beneficiary”) (hereinafter referred to as the “Si construction 1,” and the “Si construction 2,”) and a merz comprehensive financial securities (hereinafter referred to as “first priority beneficiary”) shall conclude a management-type land trust contract (hereinafter referred to as the “trust”) as follows:

Article 1 (Purpose of Trust) (1) The purpose of this trust agreement is to provide the beneficiary with trust benefits by constructing a building on the instant land (hereinafter referred to as “trust land”) and by disposing of, etc. a trust land and a trust building (hereinafter referred to as “trust real estate”) which is a trust property.

(2) A trustee shall bear the rights and duties of the owner of a building within the scope of trust property, and shall be responsible for raising funds.

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