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(영문) 대구지방법원 2018.10.11 2018가합201072
우선수익자지위부존재확인등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A acquired ownership by winning a successful bid for each of the instant real estate in the F voluntarily auction procedure at the District Court of the Jung-gu District Court regarding each of the instant real estate listed in the separate sheet, which is the land located in Pyeongtaek-gun, Gyeonggi-gun E (hereinafter “each of the instant real estate”).

B. On June 9, 2016, Plaintiff A entered into a real estate disposal trust agreement with D Co., Ltd. (hereinafter “D”) with respect to each of the instant real estate, the first beneficiary was G (the maximum profit amount of KRW 450 million), the second beneficiary was H (the maximum profit amount of KRW 600 million), the third beneficiary was the Defendant (the maximum profit amount of KRW 400 million), the fourth beneficiary was the first beneficiary, the first beneficiary was the corporation I (the maximum profit amount of KRW 10 billion), the lower beneficiary and the first beneficiary were the first beneficiary, and the lower beneficiary and the debtor were the first beneficiary and the lower-ranking beneficiary and the debtor entered into a real estate disposal trust agreement with Plaintiff A (hereinafter “the instant trust agreement”). On the same day, the registration of ownership transfer was completed in D future due to the said trust agreement on the same day.

C. At the time of the instant trust agreement, each of the instant real estate was established with the maximum debt amount of KRW 400 million, the obligor A, and the Defendant’s right to collateral security, but the said right to collateral security was revoked due to termination on the same day, on the ground that the registration of ownership transfer was completed with respect to each of the instant real estate in accordance with the instant trust agreement.

Plaintiff

A on January 3, 2018, Article 8 of the Trust Contract of this case (Evidence A) under the Trust Contract of this case between Plaintiff B and Plaintiff B provides that “The original of the trust shall be the deposit acquired with respect to the trusted real estate and the trusted real estate, the subrogation property of the trusted real estate and the proceeds from the sale of the trusted real estate, the borrowed money under Article 5, and other equivalents.”

In accordance with the instant trust agreement, a contract was concluded to transfer subordinate beneficial rights owned by Plaintiff A to Plaintiff B.

[Ground of recognition] The fact that there is no dispute, Gap 2, 9 (including virtual numbers, hereinafter the same shall apply), and Eul 3.

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