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(영문) 수원지방법원 2014.01.16 2013가합14067
공탁금출급청구권 확인의 소
Text

1. The Plaintiff and Defendant A Co., Ltd., Defendant D, Defendant Dae Engineering Partnership Co., Ltd., and the stock company.

Reasons

1. Basic facts

A. The conclusion of the instant trust agreement and the establishment of the Plaintiff’s pledge right (1) Defendant A Co., Ltd. (hereinafter “Defendant A”) disposed of and trusted a lot of land (hereinafter “instant real estate”) out of 495 square meters at the permissible time with respect to the real estate trust (hereinafter “living real estate trust”) around May 25, 2004 and around June 7, 2004.

(hereinafter referred to as “instant trust contract”). The first beneficiary under the instant trust contract is Defendant B (hereinafter referred to as “Defendant B”) and the Plaintiff, Defendant A, and the second beneficiary are Defendant B, Defendant A, Defendant C, and Defendant A.

(2) Of the instant trust agreement, the content pertaining to the instant case is as follows.

(Entrustment) Under the above contract, Defendant A and the “trustee” are the pro rata Real Estate Trust. Article 1 (Trust Purpose) The purpose of this trust is to carry out the affairs of disposal, etc. of the trust real estate by the trustee.

Article 3 (Trust Period) The trust contract period shall be from the date when the trust contract is concluded to June 28, 2004, and the time when the disposal (sale) of movable property attached to a trust is completed even before it is completed, shall be the time of termination.

Article 4 (Beneficiary) In this trust contract, a beneficiary shall, in principle, be a truster, and in case where a separate designation is required, a special agreement shall be concluded.

The purpose of this special agreement is to specify the terms and conditions of the agreement stipulated in the real estate disposal trust agreement (hereinafter referred to as the “basic agreement”) and to give priority to the contents of the special agreement in case of conflict between the disposal trust agreement and the special agreement.

Article 5 (Preferential Beneficiary) (1) In relation to the provisions of Article 4 of the Disposal Trust Contract, the truster shall determine the priority beneficiary of this project as follows:

The change of the priority beneficiary may be changed at the request of the truster only when the consent of the priority beneficiary is obtained.

The first beneficiary is the defendant.

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