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Expertise

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Commercial Trusts Disputes

Lee & Ko's Trust Practice Group is reputed for its outstanding expertise in dealing with disputes over investment funds, real estate trusts, structured financing projects, and other trust matters.

Since the Asian Financial Crisis in the late 1990s, the Group has been prominent as a leading pioneer of trust cases related to investment funds and real estate trusts. For example, with the collapse of the Daewoo group, we successfully initiated lawsuits on behalf of investors when investment funds which, having purchased securities issued by Daewoo group companies, refused redemptions.  

With extensive experience in dispute settlement of trust cases, we are frequently consulting for major real estate trust companies and financial institutions, especially when they wish to employ a new trust scheme for financial structuring.  

The Group is well-experienced in assisting clients with trust-related agreements, trust-related project finance agreements, establishment of project finance vehicles (PFVs), establishment and dissolution of real estate investment trusts (REITs), various transactions including trust-related real estate transactions, asset sale and purchase, trust-related tax issues, due diligence, etc.
Expertise
  • Represented the trustee and project lenders in defending against tax authority’s claim that a trust set up by a project developer constituted fraudulent use of the trust.
  • Represented a trustee in a case seeking nullification of the tax authority’s provisional attachment on trust assets. 
  • Represented Mirae Savings Bank in a case involving fraudulent use of a trust by a debtor.
  • Represented a trust company, as new trustee in a case involving claims for transfer of assets to the new trustee. 
  • Represented a developer of land, as trustee, in a dispute with the owner of land, as truster
  • Represented a truster in a dispute with over the scope of trust assets to be transferred through a public auction. 
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