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(영문) 의정부지방법원고양지원 2015.07.01 2014가합2365

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) KC Industry Development Co., Ltd. (hereinafter “KC Development”), including the conclusion of a real estate security trust contract

) B and 8 lots (hereinafter referred to as “instant site”) in Pakistan-si.

(C) On the ground, the Clock of the size of the 2nd underground and the 11st ground surface (hereinafter “instant building”).

2) On September 30, 2005, the instant real estate security trust agreement (hereinafter “instant security trust agreement”) was concluded between K non-real estate trust company and K non-real estate trust company (hereinafter “K non-real estate trust”) for the purpose of raising funds for the new construction and sale of the instant building. On the same day, the instant site was completed the registration of transfer of ownership in the name of K non-real estate trust, which was based on the said trust.

B. On May 4, 2009, on which the instant building was constructed, such as the completion of registration of preservation of ownership on the instant building, the registration of preservation of ownership in the name of the KC Industry Development was made for each sectional store of the instant building (hereinafter “instant building without distinguishing the instant building from each sectional store of the instant building and the instant building”). On January 13, 2011, the registration of ownership transfer in the name of KF real estate trust was made for the instant building on the ground of the said trust.

C. 1) On December 6, 2011, macro-owned corporation, which succeeded to the status of the priority beneficiary under the instant security trust agreement, requested the sale of the instant building and site to the KF real estate trust. Accordingly, on December 27, 2011, the sale procedure of the instant building and site was commenced. 2) The Defendant was between the KF real estate trust and the KF real estate trust on August 30, 201, where the said sale procedure was in progress, and the KF real estate trust from the KF real estate trust.