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(영문) 창원지방법원 2017.07.06 2017가단102368
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2014, the construction of Geum River-gu P&P General Construction Co., Ltd. (hereinafter “ Geum River-gu Construction”) was promoting the new construction and sale of a building on the ground that was located on the 411-1, 2278 square meters in Jin-gu, Jindong-gu, Kimhae-si and that was 411-8, and that was 68 square meters in 41-8,000 square meters (hereinafter “instant land”).

B. In the process of promoting the aforementioned project, the Geum River Construction: (a) on November 26, 2014, entrusted the instant land as security to the Defendant; and (b) concluded a security trust agreement with the first beneficiary as the Busan Central Credit Union (hereinafter “instant land trust agreement”) (hereinafter “instant land”), with the first beneficiary as security; and (c) the main contents are as follows.

The Geum River Construction completed the registration of ownership transfer for the land of this case to the defendant on the same day.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve the ownership and security value of real estate trusted through the defendant to guarantee the fulfillment of obligations and responsibilities to be borne by the Geum River Construction, and to liquidate the real estate in the event of default on the construction of Geum River.

Article 2 (Trust Period) Trust Contract Period shall be as shown in attached Form 1, and the period may be extended in consultation with the head of the Si/Gun/Gu before the trust period expires.

Article 3 (Beneficiary) (1) In this trust deed, a beneficiary shall be as shown in attached Form 1-2.

(2) The Geum River Construction may be newly designated or changed as a beneficiary with the consent of the defendant.

Article 7 (Right to Benefit of Preferential Beneficiaries) (1) The scope of profit of the right to benefit held by the preferential beneficiary shall be the principal, interest, delay damages, etc. of the preferential beneficiary whose increase or decrease has been changed due to credit transactions between the preferential beneficiary and the principal debtor (attached Form 1-3).

Provided, That "attached Form 1" shall be the maximum limit.

Article 8 (Transfer of Ownership of Real Estate in Trust and Registration of Trust) (1) The construction of Geum River shall be executed by a trust contract.

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