(영문) 서울중앙지방법원 2015.10.14 2015가합3766

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(영문) 서울중앙지방법원 2015.10.14 2015가합3766

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1. The defendant received KRW 3,782,370 from the defendant's assistant intervenor, and then the defendant's assistant intervenor will be the defendant's assistant intervenor.

Reasons

The summary of the instant case is that the Plaintiffs seek the registration of transfer of ownership following the termination of trust against the Defendant (trustee) on behalf of the Intervenor assisting the Defendant (trustee and beneficiary; hereinafter “ Intervenor”).

In fact-finding trust agreement, the intervenor entered into a trust agreement with the defendant as to ① 1,44,280 shares of 143,085.75 shares out of each real estate listed in [Attachment List Nos. 1 and 18, 2002 as of January 18, 2002, until January 17, 2004 (the period was corrected as of January 17, 2005). ② on April 19, 2002, the trust period was 15,025 shares of 15,192.4 shares out of each real estate listed in Attached List No. 3 through 3 through 6 as of April 18, 2006; ③ the trust period was 369,025 shares out of each real estate listed in [Attachment List No. 7 and (8) as of July 26, 2002, concluded the trust agreement for the trust management of the defendant as of July 25, 2006.

According to the instant trust agreement, the instant trust agreement is terminated upon the expiration of the trust period or upon the termination of the trust (Article 16(1)); the original of the trust upon the termination of the trust shall be delivered to the beneficiaries for each share in the trust (Article 16(2) and Article 3 [Attachment 3]; and all expenses incurred in performing the trust affairs, such as taxes and public charges on trust property, shall be borne by the beneficiary (Article 12(1)); and if the money belonging to the trust property is insufficient to pay the above expenses and the beneficiary is unable to receive the shortage from the beneficiary, all or part of the trust property may be sold and appropriated.

(Article 12(2) of the Intervenor’s right to benefit is ① 64,280 shares in trust contracts; ② 3,306.61 shares in trust contracts; ③ 226,025 shares in trust contracts.10 shares in trust contracts.

The plaintiffs' claims are "N" sites for the instant trust property.

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