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(영문) 대전지방법원 2017.01.04 2016가단204858
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 4, 2007, the Plaintiff entered into a security trust agreement with the non-party KFD Co., Ltd. (hereinafter referred to as the "trustee") on the instant officetel No. 2001 (hereinafter referred to as the "officetel of this case") with the local office point of the non-party AF as the beneficiary. On June 4, 2007, the Plaintiff completed the registration of ownership transfer (hereinafter referred to as the "trust registration of this case") as of June 4, 2007 by the Daejeon District Court No. 47320, Jun. 4, 2007.

B. At the time of the registration of the instant trust, the Plaintiff submitted the original trust register with the following contents and was registered in the column A of the registry:

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate continuously and continuously, and shall bear all expenses incurred in actual management, such as preservation, maintenance, repair, etc. of trust real estate.

(2) Where no prior consent of a trustee has been obtained, the truster shall not reduce the value of trusted real estate by restricting its ownership, such as lease, mortgage, establishment of a right to lease on a deposit basis, or by changing the current state of trusted real estate.

In the above trust ledger, the written consent for the establishment of chonsegwon in the name of the NAC branch and the written consent for the establishment of chonsegwon (right to lease on a deposit basis) are attached to the attached Form. The written consent for the establishment of chonsegwon and the written agreement for the establishment of chonsegwon (right to lease on a deposit basis) stated that “the person having chonsegwon cannot transfer or offer chonsegwon to a third party without the consent of the trustee,

C. On June 25, 2011, the Plaintiff and the truster entered into a contract for the establishment of chonsegwon at KRW 55,000,000 with respect to the instant officetel to the non-party ELVmmmmmm chemical. At the time, “person having chonsegwon at the time” cannot transfer the right to lease on a deposit basis to a third party without the Plaintiff’s consent, and the transfer of the right to lease on a deposit basis is also intended.

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