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(영문) 서울중앙지방법원 2018.07.19 2017가합551863
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. At the time of September 9, 2013, the Defendant’s shareholder registry held Nonparty D’s 12,000 shares, the Defendant’s 17,563 shares, E’s 8,000 shares, and E’s 2,437 shares, respectively, for the purpose of tourist hotel business, etc.

B. On August 2, 2016, D entered into a will substitute trust agreement (hereinafter “instant trust agreement”) with respect to 12,000 shares (registered common shares, per share, per share, per share, KRW 18,750, and hereinafter “instant shares”) of the Defendant’s shares (hereinafter “instant shares”) holding with the Plaintiffs (D-2/3 South and North Korea”).

The truster D (hereinafter referred to as the "trustee") and the trustee A and B (hereinafter referred to as the "trustee") under the instant trust agreement enter into a will substitute contract with the following contents:

Article 1 [Purpose of Trust] ① This trust deed is a will substitute trust contract (Article 59 of the Trust Act) with the purpose of enabling a person designated as a beneficiary to acquire the right to benefit at the time of death of the truster.

(2) A truster shall entrust his/her trust to the beneficiaries determined by himself/herself for the purpose of having the beneficiaries of the trust property paid benefits.

(3) A trustee shall stably deliver trust property to the beneficiary while managing and operating trust property for the beneficiary.

Article 3 [Trust Contract Term] (1) The trust shall continue to exist from the time of the conclusion of this contract until the time of the death of the truster.

(2) A truster may reduce and extend the trust contract period with the consent of all the ex post facto beneficiaries.

Article 4 [Designation of Pre-Life and Post-Life Beneficiary] The Plaintiff A, the beneficiary of the trust principal and the beneficiary's name, resident registration number, and the beneficiary of the beneficiary's name, and the beneficiary of the beneficiary's resident registration number, omitted from the beneficiary's domicile, "The plaintiff B, "Article 7 [Indication of Trust Property], shall register or register the trust property.

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