logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.19 2016가합574777
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The conclusion, etc. of the instant trust agreement is omitted in the name of the mother corporation (hereinafter “stock company”).

(2) On June 201, 201, in order to secure the obligation for loans to the Integrated Savings Bank, etc., a real estate security trust agreement was concluded between the Korea Land Trust and the Korea Land Trust; on September 14, 201, with the purport of setting forth a trust principal and a beneficiary of trust principal and trust proceeds; and on November 21, 201, Incheon, Seo-gu, Incheon, which is owned by the mother as the beneficiary of trust principal and trust proceeds, to trust four lots of land outside 147 square meters to the Korea Land Trust; and on November 21, 2011, the mother case entered into a modified contract with the Plaintiff to add the said secured trust agreement to the two priority beneficiaries (the first priority beneficiary amounting to KRW 500,00,000), and on September 14, 2012, concluded a real estate security trust agreement for the three neighboring commercial buildings (hereinafter referred to as the “instant building”).

3) The main contents of the instant trust agreement are as follows (hereinafter “trustee”), and “trustee” refer to the Korea Land Trust, respectively:

A) Article 1 of the instant trust agreement (the purpose of the trust) of the instant trust agreement is to manage the ownership of real estate held in the trust and to the truster (if there is a separate debtor,

(hereinafter the same shall apply)

(i)The purpose of the trust is to ensure the fulfillment of any obligation or liability to be borne by the trustee, and to preserve and manage the trusted real estate and to liquidate and settle it in the event of default. [ Original of the trust] The original of the trust shall be the trust real estate or property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the disposal price of the trusted real estate and the penalty arising in relation to the disposal procedure, etc., profits arising from the management of money belonging to the trust property, and other equivalent amounts.

arrow