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(영문) 광주지방법원 2017.08.10 2016가합57620

소유권이전등기

Text

1. The defendant SS Co., Ltd. refers to each of the plaintiffs listed in the separate sheet No. 2 list “sale price.”

Reasons

1. Basic facts

A. The Defendant SP Co., Ltd. (hereinafter “Defendant S”) entered into a sale management trust agreement, business agreement, and agency contract for Wtel (hereinafter “instant officetel”) with the Defendant TW Co., Ltd. (hereinafter “Defendant TW Co., Ltd.”) on March 23, 2012, with respect to the sales business of Wtel (hereinafter “instant officetel”) to be constructed on the land outside Seo-gu, Seo-gu, Busan (hereinafter “instant land”), respectively, entered into a contract for sale management and trust (hereinafter “instant trust agreement”), business agreement, and agency business agreement (hereinafter “instant business agreement”).

The main contents of the instant trust agreement and the instant business agreement are as follows: ① managing the instant land by Defendant T, and when the instant officetel is newly constructed and preserved and registered in the future, the instant officetel ownership shall also be managed by Defendant T; ② the sales contract shall be signed and sealed by the Plaintiff as the seller; ③ the initial printed new sales contract shall be managed and kept by Defendant T; ③ when the request for the issuance of a new sales contract is made by the Plaintiff for the conclusion of the sales contract, the Defendant T shall deliver the new sales contract to the Defendant S after the issuance of the management number; ④ the sales price shall be deposited into the funds management account opened by the Defendant T; and ④ the sales price shall be deposited into the funds management account opened by the Defendant T; and the sales contract shall be made with the funds management account specified; ⑤ The sales contract without the seal of the Defendant T does not have any effect.

B. As to the instant land subject to the registration of trust with respect to the instant land, Defendant S completed the registration of transfer of ownership on the grounds of the sale on March 23, 2012, and Defendant T, based on the same day trust, respectively, and the instant trust contract was publicly announced in the trust ledger.

(c)the conclusion of the sales contract or the sales contract for the right of sale and the payment of the purchase price for the Plaintiff A, B, C, D, D, E, F, G, H, I, J, K, and K;