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(영문) 대법원 2013.10.31 2012다14449
사해행위취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In full view of the adopted evidence, the lower court: (i) concluded a collateral trust agreement with K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Trust”) on the instant land before the instant trust agreement; (ii) additionally entrusted the relevant building to the trustee when the truster constructs a new building on the instant land; (iii) the cost incurred in relation to the trust agreement and the disposal procedure; (iv) the lease deposit in preference to (iii) the mortgagee’s debt (the maximum amount) established before the conclusion of the trust agreement; (iv) the lease deposit is concluded in the name of the trustee; (v) the lease deposit for the lessee issued by the trustee; (v) the remainder is remaining after the settlement in the order of the priority beneficiary on the beneficial rights certificate issued by the trustee; and (iv) the existing trust agreement with HK Mutual Savings Bank becomes a beneficiary; and (iv) the existing trust agreement or the trust agreement with respect to the instant land was owned by the trustee; and (v) the trust agreement or the trust agreement with respect to the instant land remaining after the date of the instant trust agreement was changed on several occasions; and (iv) the existing trust agreement with respect 140 to A.

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