Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 19, 2006, the Plaintiff, E, F, and G concluded a real estate security trust agreement (hereinafter “trust trust agreement”) with the trustee H Co., Ltd. (hereinafter “H”) on each real estate (the Plaintiff’s ownership at the time; hereinafter “the instant land”); 6230 square meters of forest land in Gwangju City in Gyeonggi-do; 272 square meters of forest land in Gwangju City in Gyeonggi-do; 3263 square meters of forest land in Gyeonggi-do; 3263 square meters of KK in Gwangju-si in Gyeonggi-do; 510 square meters of forest land in Gwangju-si in Gyeonggi-do (hereinafter “the instant trust agreement”). The first beneficiary of the instant trust agreement is a M organization; and the debtor is E.
B. The main contents of the instant trust agreement are as follows.
The purpose of this trust clause is to preserve and manage the trusted real estate and to settle the realization in the event of default in order to guarantee the ownership management of the trusted real estate and the performance of obligations or responsibilities to be borne by the truster (including the debtor where there is another debtor; hereinafter the same shall apply).
Article 2 (Period of Trust) (2) Where the movable property is disposed of at the request of the first beneficiary before the expiration of the period of trust under paragraph (1), it shall be deemed that this trust contract is terminated when the registration of ownership transfer is completed
Article 7 (Priority Rights of Preferential Beneficiaries) (1) The scope of the right to benefit with the preferential beneficiary shall be limited to the loan principal and interest (including interest at delay) of the preferential beneficiary, which is increased or decreased due to credit transaction between the beneficiary and the debtor based on the beneficiary's beneficiary certificate issued by the trustee.
Article 17 (Time for Disposal of Trust Real Estate) (1) In the case falling under any of the following subparagraphs, even if before the expiration of the trust period, the trust real estate may be disposed of at the request of the priority beneficiary:
1. When a credit transaction contract concluded between the first beneficiary and the truster is violated;