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(영문) 서울중앙지방법원 2020.04.23 2019가합532101
사해신탁취소 등
Text

1. As to the Plaintiff’s KRW 940,00,000 and KRW 200,000 among them, Defendant A Co., Ltd. shall be from March 31, 2018 to 200,000.

Reasons

Basic Facts

The Defendant A Co., Ltd. (hereinafter “Defendant A”) and the Defendant A Co., Ltd. (hereinafter “Defendant A”) agreed to newly construct and sell factory buildings (hereinafter “instant project”) and F Co., Ltd. (hereinafter “F”) on the five lots of land (hereinafter “each land of this case”) prior to the two weeks each.

On March 16, 2016, F’s representative G obtained a loan of KRW 3,00,000,000 from the Intervenor’s Intervenor C Union (hereinafter “ Intervenor C Union”), and Defendant A and F guaranteed the said loan’s obligations up to KRW 3,90,000,000, respectively.

On April 6, 2016, Defendant A entered into a real estate security trust agreement with Defendant B Co., Ltd. (hereinafter “Defendant Trust”) and with the Intervenor C Association as the first beneficiary of the Intervenor Association designated on April 6, 2016 to trust each of the instant land to the Defendant trust (hereinafter “instant trust agreement”). On the same day, Defendant A completed the registration of ownership transfer for each of the instant land based on the trust as of April 6, 2016 in the future of Defendant trust.

The main contents of the first trust contract of this case are as follows.

Article 1(Purpose of Trust) The purpose of this Trust is to preserve the ownership and security value of real estate held in trust through the trustee in order to guarantee the performance of obligations and responsibilities borne by A, and to liquidate the trust in the event of default by the truster.

Article 17 (Other Matters of Special Agreement) (9) No trustee shall be liable for the performance of all the affairs related to the authorization, permission, construction, etc. for the construction of a new building by the truster to the trusted real estate, and the truster shall enter into a security trust contract providing the relevant building as security to the preferential beneficiary at the time of completion of the construction of the new building.

[Attachment 1]

2. Preferential Beneficiary of Trust Originals of Beneficiary: The Trust Originals of the Intervenor C Association, and

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