(O) It is not sufficient to recognize 00 million won as a profit limit amount.

From among the beneficiaries of the second priority, the O00 million won against the defendant SungB is written with the estimated amount of profit from August 30, 2004, and thereafter, it is reasonable to view that the aboveO0 million won was paid in addition to interest as stipulated in Article 5(3) of the trust contract of this case. Thus, it cannot be deemed that the aboveO0 million won is the amount of profit from the defendant SungB.

Article 24 of the National Tax Collection Act: Priority of National Tax Collection Act Article 35

2013da 14067 Action to confirm the claim for payment of deposit money

OOO

1. △ Construction Co., Ltd;

2. AA clan;

3. sexualB

4.CC;

5. KimD

6. EE-house;

7. Korea;

November 14, 2013 (Defendant 2 to 4, and 7)

Ad Hoc (Defendant 1, 5, and 6)

January 16, 2014

1. It is confirmed that the Plaintiff and Defendant △ Construction Co., Ltd., Defendant KimD, Defendant EE Electric House, the FF Real Estate Trust Co., Ltd., on January 10, 2013, deposited by Suwon District Court No. 3331 on January 2013, the right to claim payment of deposit money against the Plaintiff out of KRW 000,000 deposited by Suwon District Court No. 3331 on January 201

2. The Plaintiff’s claims against Defendant AA clan 2, Defendant AB, DefendantCC, and Defendant Republic of Korea are dismissed, respectively.

3. Of the costs of the lawsuit, the part arising between the Plaintiff and Defendant Ho Construction Co., Ltd., Defendant KimD, and Defendant EEEA house shall be borne by the said Defendants, and the part arising between the Plaintiff and Defendant AAA clan, Defendant BB, DefendantCC, and Defendant Republic of Korea shall be borne by the Plaintiff.

On January 10, 2013, F Real Estate Trust Co., Ltd. confirmed that on January 10, 2013, Suwon District Court Decision 2000 won deposited by FF Real Estate Trust Co., Ltd. No. 3331, the Plaintiff is entitled to claim payment of deposit money of KRW 000.

1. Basic facts

A. Conclusion of the instant trust contract and establishment of the Plaintiff’s pledge right

(1) Defendant △ Construction Co., Ltd. (hereinafter referred to as “Defendant △ Construction”) is about 2004.

5. 25.경 및 2004. 6. 7.경 주식회사 FF부동산신탁(이하 'FF부동산신탁'이라고만 한다)에게 용인시 OO동 OOO-O 대 495㎡ 외 수필지(이하 '이 사건 부동산'이라고 한다)를 처분신탁하였다(이하 '이 사건 신탁계약'이라고 한다). 이 사건 신탁계약에 따른 1순위 우선수익자는 피고 AAA 종중(이하 '피고 AAA 종중'이라고만 한다), 원고, 피고 □□건설, 2순위 우선수익자는 피고 AAA 종중, 피고 □□건설, 피고 성BB, 3순위 우선수익자는 유ㅇㅇ 외 1인, 피고 □□건설이다.

(2) The contents of the instant trust agreement relating to the instant case are as follows (a).

The term "self-trustee" is F real estate trust.

Article 1 (Purpose of Trust)

(1) The purposes of this trust shall be to conduct disposal, etc. of trusted real estate by a trustee.

Article 3 (Trust Period)

(1) The trust contract period shall be from the date of conclusion of the trust contract to June 28, 2004, and where the disposal of real estate held in a trust is completed even before the trust contract, the time of termination shall be the point of time.

Article 4 (Beneficiary)

(1) In this trust contract, a beneficiary shall, in principle, be the truster, and where a separate designation is required, it shall be stipulated by a special agreement.

Matters of special agreement

Article 1 (Purpose)

The purpose of this special agreement is to specify the terms and conditions of the agreement stipulated in the real estate disposal trust contract (hereinafter referred to as the "basic contract") and to give priority to the special agreement in case of conflict between the disposal trust contract and the special agreement.

Article 5 (Preferential Beneficiaries)

(1) With respect to the provisions of Article 4 of the Disposal Trust Contract, the truster shall determine the priority beneficiary of this project as follows. The change of the priority beneficiary may be changed at the request of the truster only when the consent of the priority beneficiary is obtained:

가. 1순위 수익자 : 피고 AAA 종중 대표 박ㅇㅇ (00억 원, 산출근거 별첨)

(0 billion won, loan principal of KRW 0 billion and interest thereon)

△ Construction (00 billion won KRW 0000,000)

(b) Second beneficiary: Defendant AA clan representative (1.1 billion won);

△ Construction (00 billion won)

JB (00 billion won)

다. 3순위 수익자 : 유ㅇㅇ 외 1인(0억 000만 원), 피고 □□건설

② 제1순위 수익자 피고 AAA 종중 대표 박ㅇㅇ의 수익예상금액(00억 원)은 2004. 8. 30.까지의 이자를 계산한 금액이므로, 실제 지급 금액은 해당 수익금액 청산 시기에 그 이자를 일할 계산하여 가감하기로 한다(월 이자는 0000만 원임).

③ 제2순위 수익자 피고 성BB의 수익예상금액(0억 원)은 2004. 8. 30.까지의 이자를 계산한 금액이므로, 2004. 8. 31. 이후에는 수익예상금액(0억 원)의 상환 후 잔여분에 대해 이자를 후불로서 일할 계산하여 피고 성BB에게 지급하기로 한다 [최ㅇㅇ과 피고 성BB과의 합의각서(2004년 3월 체결)에 따른 것이며, 이자율은 토지 분양계약서상 연체 이자율 적용함].

Article 6 (Pledge of Registered Bonds)

When the first beneficiary requests a third party to establish a pledge under Article 5 (1), the right of the principal may be established with the consent of the trustee.

Article 7 (Scope of Services)

(2) A trustee shall preserve and manage the ownership of trusted real estate, dispose of trusted real estate at the request of the priority beneficiary, and deliver profits therefrom to the priority beneficiary and the truster.

(3) Meanwhile, in order to secure the Plaintiff’s obligation for the principal and interest of loan, Defendant △ Construction established a pledge on the first and second beneficial rights under the instant trust agreement, and the FF real estate trust accepted the establishment of the said pledge on June 9, 2005.

B. Public sale and settlement of the instant real estate

(1) Around March 9, 2012, the Plaintiff requested F Real Estate Trust to dispose of the instant real estate by reason of the Defendant’s nonperformance of obligation by Defendant △△ Construction, and F Real Estate Trust publicly announced the public auction procedure around May 31, 2012. The said real estate was sold during the public auction procedure conducted around October 8, 2012.

(2) The F real estate trust is F real estate in accordance with the instant trust agreement around December 31, 2012.

Of the proceeds and interest accrued on part of the case, the amount calculated by adding the total amount of KRW 000 billion to the interest accrued from September 1, 2004 to January 8, 2013 under Article 5(3) of the Special Agreement on Contracts for Contracts for Contracts for Contracts for Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for Contracts for Contracts for the Trust of Contracts for Contracts for Contracts for the Trust of Contracts for the Trust of Contracts for the Trust.

Accordingly, the F real estate trust set up a settlement statement (the specific basis for calculation is the same as the attached Form) that distributes the amount of KRW 000,000 to Defendant AA clans, KRW 000, and KRW 617,897,311 to Defendant ABs, and notified the Plaintiff, who is the pledgee for the above-mentioned second beneficiary and the second beneficiary's second beneficiary's right to benefit, of the above-mentioned contents.

(3) On January 4, 2013, the Plaintiff filed an objection against the dividend amount to F Real Estate Trust with the content that “The ratio of distributing dividends to the second beneficiary” should be based on the amount set forth in the instant trust agreement (Defendant AA clan KRW 0 billion in the construction of △, Defendant 10 billion in the construction of △△, Defendant sexualB billion in the amount). However, FF real estate trust calculated the dividend amount by taking the FF real estate trust amount of KRW 0 billion in excess of KRW 00 billion in the amount of distributing dividends to Defendant AB as the amount of distributing dividends.” Thus, the Plaintiff filed an objection against the dividend amount to Defendant AB.

C. Deposit of this case

F Real Estate Trust shall not be subject to consultation on the receipt of dividends among the second beneficiaries.

(2) The dividend based on the second priority interest in the FF real estate trust of the Defendant 1, 1, 1, 1, 1,000

On January 10, 2013, the Suwon District Court deposited KRW 000,000, No. 3331 around January 10, 2013, on the grounds that the claims conflict with each other, such as the provisional seizure and collection order, as indicated below.

(hereinafter referred to as the "deposit of this case")

No.

person who is entitled to receive the

without any person.

Grounds

Amount claimed (won)

1

CC

Dok Construction

Attachment of Claims

00

2

CC

Dok Construction

Attachment of Claims

00

3

CC

Dok Construction

Attachment of Claims

00

4

CC

Dok Construction

Attachment of Claims

00

5

CC

Dok Construction

Attachment of Claims

00

6

D Kim D Kim

Dok Construction

Attachment and Collection of Claims

00

7

EEEelectric house:

Dok Construction

Provisional Seizure of Claim

00

8

CC

BB

Attachment of Claims

00

9

CC

BB

Attachment of Claims

00

10

Korea

BB

Attachment of Claims

00

11

Korea

BB

Attachment of Claims

00

[Reasons for Recognition]

· Defendant △ Construction, KimDD, EE All House: Judgment without Oral Pleading (Private History)

Article 257(1) of the Forwarding Act

• Defendant AA clan, sexualB,CC: the absence of dispute, Party A’s evidence 1-1

Each entry of No. 19, and the purport of the whole pleadings

2. Determination as to the claim for Defendant △ Construction, KimD, and EE-Power Housing

(a) Description of the claim;

The amount stated in the special contract of this case as the second beneficiary in the special contract of this case is the number of each beneficiary.

Since the following limit amount refers to the above profit limit amount, the F real estate trust should be apportioned to the second-order beneficiaries in proportion to the above profit limit amount. The FF real estate trust should be apportioned to the defendant SungB in proportion to the amount exceeding KRW 00 billion, which is the profit limit amount of the above defendant. The FF real estate trust made a mistake in calculating the dividend amount by taking the profit limit amount into account as the proportional distribution standard amount. On the basis of the profit limit amount, it should be apportioned to the defendant AA clan, KRW 000, KRW 000, and KRW 000,000, and KRW 000,000, which shall be apportioned to the defendant Hari Construction. The plaintiff, the pledgee of the defendant Dori Construction, can directly seek a payment of dividend for FF real estate trust, which is the third debtor, so the plaintiff can claim a payment of

(b) Grounds for recognition;

Judgment without Oral Pleading (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act)

3. Determination as to claims against Defendant AA clan, sexualB,CC, and Korea

A. The plaintiff's assertion

The amount stated in the special contract of this case as the second beneficiary in the special contract of this case is the number of each beneficiary.

Since the following limit amount refers to the above profit limit amount, the FF real estate trust should be divided among the beneficiaries of the second order in proportion to the above profit limit amount, and the FF real estate trust should be divided among the beneficiaries of the second order in proportion to the above amount of profit limit amount. The FF real estate trust should be calculated by taking the amount exceeding 00 billion won, which is the profit limit amount of the above defendant's profit limit amount, into the proportional distribution standard amount. On the basis of the profit limit amount, the amount of dividends should be distributed to the defendant AA clan, 000, 000, and 000 won to the defendant FF real estate trust, which is the third debtor, and the plaintiff who is the pledgee of the defendant Doh Construction, can directly seek a payment of dividends for the FF real estate trust. Accordingly, the plaintiff's claim for payment of 000 won out of the deposit amount of this case belongs to the plaintiff, and there is a benefit of confirmation because the defendant AA clan, SungBB,

B. Determination

According to the evidence No. 4-1 of this case, according to the beneficiary right certificate No. 2 of this case, the beneficiary right certificate No. 2

The plaintiff's interest rate of KRW 00,000 is KRW 00,000,000 for each beneficiary's interest rate of KRW 00,000,000,000 for the above 400,000,000,000,000,000 won for the above 40,000,000,000,000 won for each beneficiary's interest rate of KRW 80,000,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00,00,00.

4. Conclusion

Then, the plaintiff's claims against the defendant △ Construction, KimD, and EEE all of the houses are accepted with merit. The plaintiff's claims against the remaining defendants are dismissed in its entirety as it is without merit. It is so decided as per Disposition.