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1. On January 13, 2015, the Asia Trust Co., Ltd. between the Plaintiff and the Defendants is golded in Seoul Central District Court in 2015.
Reasons
1. Facts of recognition;
A. On December 2, 2004, Defendant A and Defendant Subdivision Co., Ltd. (Co., Ltd. prior to the alteration) sold the land listed in the attached list owned by Defendant A in the sale price of KRW 7.4 billion, and acquired land transaction permission with a trust company after a disposal trust registration was made with a trust company, they would complete the registration of ownership transfer in the future of Defendant Subdivision Co., Ltd.
B. On August 25, 2009, Defendant A and Asia Trust Co., Ltd. concluded a real estate disposal trust agreement with the truster, Defendant A, Defendant Donnis Co., Ltd., and trustee Asian Trust Co., Ltd. on the above land, and completed the disposal trust registration.
C. In addition, on August 25, 2009, Defendant Donins Co., Ltd. entered into a pledge agreement setting a pledge on the right to benefit under the above trust agreement with the pledgee Dons Co., Ltd., pledgee Dons Savings Bank, and the maximum debt amount of 44.2 billion won, and the Asia Trust Co., Ltd, the trustee, consented to the above pledge.
On March 2011, the Asian Trust Co., Ltd. received KRW 500,031,680 from the Korea Electric Power Corporation as compensation for superficies on the above trust land. On or around 2013, when the land transaction permission zone was cancelled and the grounds for disposition under the trust agreement were terminated, the land transaction permission zone was terminated, and on June 23, 2014, the registration of ownership transfer was completed to the Defendant Donman Co., Ltd., the beneficiary on June 23, 2014.
E. Meanwhile, the ES Savings Bank was declared bankrupt on September 26, 2012 by the Incheon District Court 2012Hahap9, and the Plaintiff was appointed as the bankruptcy trustee.
F. Defendant A’s assertion that property tax and comprehensive real estate holding tax in 201 and 2012 paid 139,581,150 won on the above trust land, and demanded payment thereof. The Plaintiff demanded payment of trust proceeds as a pledgee of beneficial interest and the payment to Defendant A priority.