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(영문) 부산지방법원 2019.12.04 2018가합48041
추심금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 200,000,000 on October 25, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 7, 2016, C Co., Ltd. (hereinafter “C”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant to entrust the real estate (hereinafter “instant trust real estate”) as indicated in the separate sheet owned by C (hereinafter “instant trust property”) to the Defendant, and completed the registration of ownership transfer on April 8, 2016 for the said real estate based on the trust as of April 7, 2016. The main contents of the said trust agreement are as follows.

A truster (C; hereinafter referred to as “A”) under a real estate security trust agreement shall deposit the real estate (hereinafter referred to as “trust real estate”) listed in the attached Table (hereinafter referred to as “B”) with the Defendant (hereinafter referred to as “B”), and B shall enter into a real estate security trust agreement (hereinafter referred to as “trust agreement”) as follows in accepting the real estate.

Article 1 (Trust Purpose) The purpose of this Trust is to preserve the ownership and security value of real estate in trust through B to guarantee the fulfillment of obligations and responsibilities to be borne by A, and to liquidate the default of obligations to A.

Article 2 (Trust Period) Trust Period shall be as shown in attached Form 1-1, and the period may be extended in consultation with A and B before the trust period expires.

Article 3 (Beneficiary) (1) A beneficiary under this trust agreement shall be as shown in attached Form 1-2.

(2) A may newly designate or change a beneficiary with the consent of B.

Article 4 (Trust Originals of Trust) The originals of Trust shall be trust real estate or property acquired by subrogation thereof, lease deposit acquired and kept by B as lessor, compensation for breach of trust property and penalty arising in relation to the disposal price and disposal procedure of trust real estate, profits arising from the management of money belonging to trust property, insurance money pursuant to an insurance contract under Article 11 and others corresponding thereto.

Article 18 (Time for Disposal of Real Estate in Trust) (1) In cases falling under any of the following subparagraphs, even before the end of the trust period.

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