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(영문) 서울고등법원 2016.03.31 2015나2038208
신탁등기 등 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the costs resulting from the participation in the appeal.

Reasons

1. Basic facts

A. Defendant Wood Development Co., Ltd. (hereinafter “the instant first loan agreement”) concluded a loan agreement with the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), the Gyeonggi Savings Bank Co., Ltd. (hereinafter “K Savings Bank”), and the Yongnam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”), to lend KRW 12,000,000 (hereinafter “the instant first loan agreement”) to secure all debts owed to the said lender under the said loan agreement, etc., and to provide a collateral agreement with the lender on April 30, 2010 to provide funds necessary to promote the new construction and sale of a detached housing complex, and to raise funds necessary to promote the sale of a housing complex. In the event the Defendant Wood Development Co., Ltd. (hereinafter “instant project site”), the lender, who is the borrower, entered into an agreement with the collateral security right to the land available for the establishment of the real estate trust agreement or the collateral security right to the land available to the lender, which is the collateral security right to secure.

B. Accordingly, Defendant Wood-gu and 11 lots of land located in the instant project site, including 8,409 square meters of land, which are the land in the instant project site, shall be subject to a real estate security trust agreement that designates the Korea Savings Bank, the Gyeonggi Savings Bank, and the Yong-Nam Savings Bank as the joint beneficiary, on May 4, 2010, as the trustee, for each of the ten parcels of land, including 871 square meters and 10 square meters of land located in the Yeongdeungpo-gu, Young-gu, Young-gu, Seoul.

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