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(영문) 서울중앙지방법원 2015.01.14 2014가합45404
신탁부동산 공매처분무효확인
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2007, the Plaintiff entered into a trust agreement with Defendant Han Bank on the instant project site and completed the registration of ownership transfer for the instant project site as a reason of trust in the future of the Defendant Han Bank on the same day, in order to undertake the business of constructing and operating a golf course on the land of Kimcheon-si, etc. (hereinafter “instant project site”).

B. The contents of the above trust agreement include: (a) the Plaintiff entrusted the instant project site to Defendant Han Bank as the truster and the beneficiary; and (b) the Defendant Han Bank, the lender of the business fund, established preferential right to benefit; (c) if the Plaintiff fails to repay the loan obligations, the trustee disposed of the trust real estate at the request of the first beneficiary, appropriated the money to repay the loan obligations, and return the remainder to the Plaintiff as the truster.

C. Since then, each building listed in the separate sheet (hereinafter “instant golf club building”) was constructed in the instant project site, such as golf club clubs, and on July 12, 2012, the Plaintiff concluded a trust agreement with Defendant Han Bank and completed the registration of ownership transfer in the future of Defendant Han Bank on the same day.

(hereinafter “instant trust property” in total, of the instant project site and the instant golf course building, is referred to as “instant trust property,” and each trust deed pertaining thereto is referred to as “instant trust contract.”

On May 7, 2014, the Plaintiff delayed the performance of its loan obligations to Defendant Han Bank, and the Defendant Han Bank continued to conduct the procedure for disposal of the instant trust real estate (hereinafter “instant public sale procedure”).

The defendant Han Bank is above.

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