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(영문) 수원지방법원 2015.09.11 2014가단516600
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Samong General Construction Co., Ltd. (hereinafter referred to as the “Seoul General Construction”) concluded a trust with the Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust Co., Ltd.”) on April 20, 2006, with respect to the construction of the Korea Asset Trust Co., Ltd. on the first floor of 829 Oddddddddddddddddddddddddddddddddddddddddddddddddd 1, the Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”) with respect to the trust of the Korea Asset Trust Co., Ltd., Ltd. (hereinafter referred to as the “Korea Asset Trust”) to the truster, the trustee of the Korea Asset Trust Co., Ltd. and the Korea Asset Trust Co., Ltd. and the Korea Asset Trust Co., Ltd., Ltd. (hereinafter referred to as the “instant Real Estate Trust”).

(hereinafter “instant trust contract”). Of the terms and conditions of the instant trust contract, the parts related to the instant case are as follows.

Article 19 (Disposal of Trust Real Estate) (1) Subsequent to the conclusion of the first sale contract, trust real estate shall not be disposed of.

Provided, That in any of the following cases, disposal may be made even before the expiration of the trust period:

5. Where it is deemed that the progress of business is objectively impossible due to any other reason, Article 22 (Method of Disposal) (1) shall be disposed of through competition in an open market.

Provided, That at the time of a failed inspection, a private contract may be concluded under the conditions above the immediately preceding disposition date.

B. Since the savings banks, such as the Solo Savings Bank, did not repay the above loans, the trust real estate of this case is put up for a public auction.

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