(영문) 서울중앙지방법원 2015.03.31 2014가합586172

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(영문) 서울중앙지방법원 2015.03.31 2014가합586172

공탁금출급청구권 확인 청구의 소

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1. On June 27, 2014, the Asian Trust Co., Ltd. deposited money under the Seoul Central District Court No. 13821, 2014.

Reasons

1. Basic facts

A. On September 30, 2009, the Maulen Co., Ltd. (hereinafter “Maulen”) concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with the Asian Trust Co., Ltd. (hereinafter “Asia Trust”) stipulating that the holders of loan rights of the Gyeonggi Savings Bank Co., Ltd., as the first beneficiary of the trust principal (hereinafter “priority beneficiary”) shall be the beneficiary of the trust principal in order to secure the obligation for loans to the Gyeonggi Savings Bank Co., Ltd., Ltd., Ltd. (hereinafter “the instant real estate”), and that the MaulK Co., Ltd shall be the subordinate beneficiary of the trust principal and the beneficiary of trust proceeds, and that each real estate listed in the separate sheet owned by the Maul KNK Co., Ltd. (hereinafter “instant real estate”).

Asian Trust completed the registration of ownership transfer of each of the instant real estate on October 1, 2009 by reason of the instant trust contract.

The main contents of the instant trust agreement are as follows.

Article 1 (Purpose of Trust) In order to guarantee the management of ownership of real estate held in a trust and the performance of obligations or responsibilities to be borne by the truster (including the debtor, if any; hereinafter the same shall apply), this trust is aimed at preserving and managing the real estate held in a trust and realizing and settling such real estate in the

(1) The expenses incurred in the performance of trust affairs, such as taxes and public charges on real estate and trust profits, maintenance and management expenses, financial expenses, etc., and all other expenses incurred in the performance of trust affairs, and those incurred by any cause not attributable to the trustee in the performance of trust affairs, shall be borne by

(2) Where money belonging to trust property falls short of the payment of the expenses, etc. under paragraph (1) and it is impossible for the truster to receive the shortage, the trustee may, by selling all or part of the real estate in trust by a method deemed reasonable by the trustee

(3) A truster shall pay expenses, etc. under paragraph (1) at the time of payment.

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