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(영문) 서울중앙지방법원 2020.11.11 2018가단5146235
정산금
Text

1. The Defendant’s KRW 113,792,639 and its portion, among the Plaintiff:

A. From May 30, 2015 to July 24, 2018, for KRW 109,180,347.

Reasons

1. Facts of recognition;

A. C reconstruction association transferred the instant land and reconstruction project right to C-owner’s reconstruction association composed of the sectional owners for reconstruction (before removal) on the ground (the instant land) of Bupyeong-gu Incheon Metropolitan Government D, and around October 2007, it transferred the instant land and reconstruction project right to C-owner’s reconstruction association.

B. On February 1, 2008, the LAE entered into a security trust agreement with the Defendant with respect to the instant aggregate building (hereinafter “instant aggregate building”) on the same day.

- - Guarantee of the performance of the truster’s obligations and responsibilities - “Guarantee of the performance of the truster’s obligations and responsibilities” - “First Beneficiary’s obligations from the date of conclusion of the contract until the extinguishment of the claim of the first Beneficiary’s preferential beneficiary and “F organization” - “10 persons including the Plaintiff, G, H, I, J, J, J, K, L, M, M, N,O, etc.” - “Maximum amount of KRW 3,500,000” - Reasons for termination of the trust: “Where the trust real estate is disposed of”.

C. On March 15, 2015, the instant trust real estate was awarded in KRW 1,633,858,040 to the Dispute Resolution Co., Ltd., and the Defendant paid the successful bid price and completed the registration of ownership transfer to the successful bidder on May 29, 2015.

On June 17, 2015, the defendant paid 524,000,000 won to the F organization of the first priority beneficiary.

[In the absence of a partial dispute, the purport of Gap, 6, 7]

2. Whether the Defendant’s settlement of accounts with the Plaintiff is due to the obligation to pay preferential profit premium

A. Since the instant trust real estate as to the cause of claim was disposed of by public sale and the ownership transfer registration was completed, it shall be deemed to fall under the grounds for termination of the trust agreement stipulated in the instant trust agreement. Upon the termination of the trust, the Defendant has the obligation to settle accounts, as well as the Defendant has already paid the first priority beneficiary income to perform part of the settlement by paying the first priority beneficiary. Therefore, the Defendant is obligated to settle the remainder

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