logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.10.14 2013가합20829
소유권이전등기
Text

1. The defendant is based on the termination of part of the trust with respect to the real estate listed in the attached list to B.

Reasons

1. Facts of recognition;

A. 1) A Co., Ltd. (hereinafter “B”) (hereinafter “B”)

) The Seo-gu Incheon, Seo-gu, and four parcels (hereinafter “instant land”).

(D) On the shop “D” (hereinafter “instant shop”).

The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) was declared bankrupt on October 30, 2012 by Busan District Court 2012Hahap7, and was appointed as a trustee in bankruptcy.

(hereinafter referred to as "Bankruptcy Company")

A) Around June 201, in order to obtain a loan from the Defendant and secure the repayment of the loan obligation, etc., the Defendant entered into a real estate security trust agreement with the Defendant on the instant land with the bankrupt company, the Geum River & Ab (the above joint first order), the E (the second order), and the Dae Young Savings Bank (the third order) (the latter date, November 21, 201), which adds F to E and the second priority beneficiary.

The purpose of this trust is to preserve and manage the trust real estate and to liquidate the real estate in the event of nonperformance in order to ensure the management of ownership of the trust real estate and the performance of obligations or responsibilities owed by B, the truster, as well as the management of the trust real estate. Article 18 (Period of Disposition of Trust real estate ① In any of the following cases, the trust real estate may be disposed of at the request of the beneficiary even before the expiration of the trust period:

Provided, That where the truster or the debtor additionally provides real estate deemed sufficient to secure the claims of the preferential beneficiary due to a cause or event under subparagraph 3, such real estate shall not be disposed of.

1. Where a credit transaction contract concluded between the priority beneficiary and the debtor is violated;

2. When the trust contract is violated;

3. When it is impossible to satisfy the claims of the priority beneficiary from the trusted real estate due to changes in economic conditions, etc., the defendant is under Article 22 (Settlement Method, such as Proceeds from Disposal of Property) (1).

arrow