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(영문) 서울중앙지방법원 2015.10.06 2015가합543066
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Co., Ltd. and the Defendant: (a) Co., Ltd.; (b) Co., Ltd. and (c) Co., Ltd., Ltd., Ltd. (hereinafter referred to as “FDDD”) for a trust registration

2) The land of this case (hereinafter “instant land”) is 1,190 square meters and 66 square meters and 52 square meters and 1,190 square meters and 52 square meters of the land of this case (hereinafter “

2) The Plaintiff’s loan of KRW 8,00,000,000 from the Plaintiff to promote a new house-sale project on the ground (hereinafter “instant loan”).

) On October 12, 2006, the 13 financial companies including the Plaintiff (the Plaintiff was changed on April 2, 2009 to the joint first beneficiary on April 2, 2009) with the Defendant as well as the truster and beneficiary on the instant land, and the trustee were changed to the Defendant and the joint first beneficiary.

(1) The trust agreement for real estate security (hereinafter “instant trust agreement”) stipulates the maximum amount of preferential profit as KRW 11,200,000,000, and the trust term as the period from the date of conclusion of the trust agreement to the date of repayment of debts to the preferential beneficiary.

2) The main contents of the instant trust agreement are as follows.

Article 1 (Trust Purpose) In order to guarantee the management of ownership of real estate held in a trust and the fulfillment of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to him/her, the trustee shall preserve and manage the real estate held in a trust and settle the settlement of accounts for default

Article 16 (Bearing of Expenses) (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the performance of trust affairs, shall be borne by the truster.

(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date, the trustee may pay them on behalf of him/her, and in such cases, the truster shall first designate the damages for delay from the due date to the repayment date as

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