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1. All of the plaintiffs J' claims extended by the plaintiffs' appeal and the appellate court prior to their remand are dismissed.
2. Appeal;
Reasons
1. Basic facts
A. In the course of performing the new construction and sale business of Yongsan-gu Seoul Metropolitan Government Ptel (hereinafter “the instant officetel”), land trust Co., Ltd. (hereinafter “Korea Land Trust”) and real estate security trust agreement (hereinafter “instant real estate security trust agreement”) are concluded on July 18, 2006. On July 19, 2006, the instant officetel completed the registration of ownership transfer based on trust in the future of the Korea Land Trust.
The main contents of the real estate security trust contract of this case are as follows.
Article 1 (Purpose of Trust) The purpose of this case is to preserve and manage the trusted real estate and to liquidate it in the event of default in order to guarantee the management of ownership of the trusted real estate and the performance of obligations or responsibilities owed by the truster.
Article 4 ( Original of Trust) The original of a trust shall be the trust real estate or property acquired by subrogation thereof, lease deposit acquired and kept by the Korea Land Trust as a lessor, the proceeds from the disposal of real estate in trust and penalty arising in relation to the disposal procedure, etc., the profits accruing from the management of money belonging to the trust property, and other equivalent ones.
Article 19 (Methods of Disposal) Trust real estate shall, in principle, be disposed of through competition in the open market, but at the time of an inspection, a number of contracts may be concluded under the conditions of disposal immediately before the date of next disposal is publicly announced.
(1) The proceeds from the disposal of trust real estate shall, in principle, be fully paid within 60 days from the date on which a disposal contract is concluded.
Article 22 (Settlement Method, such as Proceeds from Disposal of Property) When a trustee liquidates and adjusts the trusted real estate, it shall do so in the order of payment.
B. Since then, soil speculation development is a priority beneficiary of the real estate security trust agreement with the Korea Land Trust around 2008, and is a lender related to the instant officetel business.