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(영문) 부산지방법원 동부지원 2017.01.20 2015가합103905
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. School Construction Co., Ltd. (hereinafter “School Construction”) concluded a project agreement with the Defendant Han Assets Trust Co., Ltd. (hereinafter “Irt Company”) on October 31, 2005 to entrust the management of funds, such as the receipt, management, execution, etc. of the sales revenue, etc. of the instant project, to the Defendant Han Assets Trust Co., Ltd. (hereinafter “Irt Company”) and the GIrt Construction Co., Ltd. (hereinafter “Irt Company”) on the land outside Busan Nam-gu and four lots of land.

B. On July 2007, the Schoolsan Construction entered into a real estate security trust agreement (hereinafter “instant trust agreement”) on the real estate in the attached list No. 532, No. 532, 31.4 square meters of the building located in Nam-gu, Busan (hereinafter collectively collectively referred to as the “instant real estate”) with priority beneficiary as a sphak-si Specialized Asset Trust Co., Ltd., Cyp Development Co., Ltd., Jeju Mutual Savings Bank, Korea Investment Securities Co., Ltd., Korea Investment Securities Co., Ltd., and the beneficiary and debtor as an academic construction. On July 25, 2007, the Defendant Han Assets Trust completed the instant trust registration on the instant real estate on July 25, 2007.

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

Article 12 (Main Contents of Security Trust Contract and Liability for Warranty) (1) A trustee shall have the duty of due care as a good manager in respect of the preservation, management and other trust affairs of real estate in trust, and the truster shall assume the responsibility for the defects of real estate in trust.

(2) Loss to the truster or beneficiary.

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