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(영문) 서울고등법원 2015.05.27 2014나2044770
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

A. As to each co-ownership share, the registration of ownership transfer of this case was completed based on the instant trust contract.

Of the terms of the instant trust agreement, the provisions pertaining to the instant case are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve and manage the trust real estate and to liquidate it in the event of default in order to ensure the fulfillment of obligations or responsibilities arising from the same discussion, etc. of the ownership management of the trust real estate.

[Attachment 2] Main terms of the trust contract

1. Trust period: Amount equivalent to 123,50,000,000 won for the first priority beneficiary first priority bank from the date of conclusion of trust contract to the date of repayment of debts for the first priority beneficiary, which is KRW 34,50,000,000 for the second priority beneficiary bank of the second priority beneficiary bank of the third priority beneficiary bank of the fourth priority, which is KRW 34,50,000,000 for the fourth priority beneficiary bank of the fourth priority beneficiary of the Busan Bank of the Busan Bank of the amount equivalent to KRW 97,50,500,000 for the third priority beneficiary of the fourth priority beneficiary of the first priority beneficiary of the first priority; and

4. The limit on preferential profit * the limit on preferential profit 130% of the amount of loan 130% of the amount of loan 130% of the amount of loan 30% where the causes for disposal by sale contract, etc. between the same lot and the buyer of trust real estate have occurred, the same lot of land may request the trustee to dispose of the same lot with the written consent of the fund manager and the first priority beneficiary.

In such cases, the request for the same discussion and the consent of the preferential beneficiary may be replaced by the fund manager, and the same discussion and the preferential beneficiary shall not raise any objection.

On December 3, 2010, with respect to the apartment complex of the instant 4 complex, the same five cases entered into a real estate security trust agreement with the Defendant on December 3, 2010 between the Industrial Bank and Busan Bank as the priority beneficiary for the same land, and on the same day, each registration of ownership transfer was completed for the apartment complex of the instant 4 complex based on the above trust agreement to the Defendant.

(f) start the workout program for the same soil building;

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