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(영문) 서울고등법원 2018.02.02 2017나2054884
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

The Defendant and the Korea Trust Co., Ltd. enter into a security trust contract between the Defendant and the Korea Trust Co., Ltd. 1) The Defendant is a consortium between savings banks, including the Korea Savings Bank (hereinafter referred to as “large Savings Bank”).

(3) On May 19, 2016, Korea Trust Co., Ltd. (hereinafter “Korea Trust”) receives a total of 22 billion won from Korea.

between the lender and the first beneficiary, each of the real estates listed in the separate sheet owned by the defendant (hereinafter “instant real estates”).

(2) The term “instant security trust agreement” as a security trust agreement with the content of the trust for the purpose of security (hereinafter “instant security trust agreement”).

A) Around March 2016, the market value of the instant real estate was appraised as KRW 21,514,534,210. The key contents of the instant collateral trust agreement are as follows. The purpose of this trust is to preserve, manage, and dispose of the trusted real estate and to liquidate the real estate at the time of default in order to guarantee the ownership management of real estate held in a trust and the performance of obligations or responsibilities owed by the trustor or liabilities owed by the trustor. Article 18 (Period of Disposal of Trust real estate (1) In any of the following cases, the trust real estate may be disposed of at the request of the first beneficiary, etc. even before the expiration of the trust period:

Provided, That this shall not apply where the truster additionally provides real estate deemed sufficient for the truster to secure the claims of the preferential beneficiary due to a cause or event under subparagraph 3.

1. Where it violates the credit transaction agreement concluded between the priority beneficiary and the debtor;

2. When the trust contract is violated;

3. Other necessities for realization, such as reduction of collateral value.

(2) In cases falling under paragraph (1), if the trustee notifies the trustee of the scheduled disposal to the address of the truster reported, the notification shall be deemed to have reached the truster, and the truster shall not raise any objection against the trustee's disposal of the trusted real estate on the grounds that it was not aware in advance of the scheduled disposal.

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