beta
Text
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiffs' claims corresponding to the above revocation part are all filed.
Reasons
1. Basic facts
A. C Co., Ltd. (the name of August 26, 2008 was changed to D Co., Ltd.; hereinafter “execution company”) newly constructed a senior welfare facility (the name was changed to F”, “G”, “H”, and “H”; hereinafter referred to as “actualty”) on the ground of 5,330 square meters in Sungnam-si, Sungnam-si from around February 2003 to around February 2005, with the third underground floors, the third floor above the ground level, the third floor above the ground level, and the 170 household size above the 5,330 square meters above the Sungnam-si, Sungnam-si, and completed the preservation of ownership.
B. (i) Around March 10, 2005, the Company entered into a real estate security trust agreement with the Gansung Real Estate Trust Co., Ltd. (hereinafter “Kan Real Estate Trust”), designating the first beneficiary as a new securities company, which had been a lending financial institution at the time, and concluding the instant real estate security trust agreement with the Gan Real Estate Trust, with a view to securing a loan obligation to the lending financial institution at the time of the event.
According to the instant trust agreement, if the executor fails to repay the loan obligations, or violates the trust contract, the first beneficiary may request the asset management trustee to dispose of the trusted real estate even before the expiration of the trust period, and the method of disposal shall, in principle, be sold through open competitive bidding, but the method shall be determined through consultation between the first beneficiary and the asset management trustee at the request of the first beneficiary.
C. On August 2005, the New Capital Co., Ltd. (hereinafter “New Capital Co., Ltd.”) loaned 40 billion won as the instant business fund to the executor around August 2005, and the executor agreed to repay the existing loan to the above 40 billion won and continue to implement the business.
D. Accordingly, the executor’s license is between the new capital capital Co., Ltd. (hereinafter “new capital”) on August 16, 2005, the Korea Exchange Bank (hereinafter “foreign Exchange Bank”) and the prote real estate trust.