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(영문) 대구지방법원 2016.06.30 2015나310269
구상금독촉사건
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Defendant’s real estate trust contract 1) The Defendant is Han Bank Co., Ltd. (hereinafter “ Han Bank”).

(1) The land in Kimcheon-si B, etc. (hereinafter referred to as the “instant project site”) is financed by financial institutions, including financial institutions.

(2) On November 30, 2007, one bank concluded a trust agreement with respect to the instant project site, and on the same day completed the registration of transfer of ownership based on trust in the future of the Han Bank with respect to the instant project site. (2) The contents of the trust agreement are as follows: (a) the Defendant trust the instant project site to the Han Bank as the truster and the beneficiary; (b) set the priority right to the Han Bank, a loan collector, etc.; and (c) if the Defendant fails to perform the loan obligation, the trustee disposes of the trust real estate at the request of the beneficiary, and appropriated the proceeds to the repayment of the loan obligation, and the remainder should be returned to the Defendant, the truster.

3) Since then, each of the buildings listed in the separate sheet, such as golf club clubs, in the instant project site (hereinafter “instant golf club building”).

) A new construction was made by the Defendant. On July 12, 2012, the Defendant concluded a trust agreement with Han Bank and the instant golf course building, and completed the registration of ownership transfer in the future of Han Bank on July 13, 2012 (hereinafter collectively referred to as the “instant real estate” by aggregating the instant project site and the instant golf course building, and each of the instant trust agreements with regard thereto is “instant trust agreement.”

B. B. On July 9, 2012, Korea Light T&D Co., Ltd. (hereinafter “Korea Light L&D”) filed an application for a compulsory auction against the instant golf course building for the Daegu District Court Kimcheon- supportC, and received a decision to commence compulsory auction on July 9, 2012.

2 The defendant is a single bank and a stock company on July 12, 2012.

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