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(영문) 광주지방법원 2018.01.18 2017가합52417

소유권이전등기

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1. Defendant F Co., Ltd.: KRW 78,100,000 to Plaintiff A; KRW 160,300,000 to Plaintiff B; and KRW 659,624,00 to Plaintiff C; and

Reasons

1. Basic facts

A. Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company that carries out the business of newly constructing and selling Ktel (hereinafter “instant officetel”) on the land (hereinafter “instant site”) other than Seo-gu, Seo-gu, Gwangju, Seo-gu, and the Defendant G Co., Ltd. (hereinafter “Defendant G”) is a company that entered into a sales management trust agreement with Defendant F regarding the instant business of constructing and selling officetels.

B. (1) On March 23, 2012, Defendant F entered into a business agreement and an agency contract with Defendant G, etc. regarding the instant business of constructing and selling the instant officetels.

(2) On March 23, 2012, Defendant F entered into a sale management trust agreement (hereinafter “instant trust agreement”) with Defendant G in accordance with the instant business agreement, and completed the registration of ownership transfer for the instant business site due to trust with Defendant G on the same day.

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

Article 3 (Registration of Transfer of Ownership and Trust) (No. 2) of the Trust Contract of this case (No. 2) ① Defendant F shall, without delay, complete transfer of ownership and trust registration with respect to real estate held in trust in the future of Defendant G.

② When the instant officetel is completed on the trust real estate, Defendant F shall, after undergoing a pre-use inspection, simultaneously with the registration of ownership preservation in the name of Defendant F, additionally trust to Defendant G with regard to the completed building.

Article 27 (Additional Trust and Transfer of Ownership) (1) When a building newly built or extended to real estate held in trust is completed, the defendant F shall be additionally entrusted to the defendant G at the same time as the preservation registration is made.

2. When Defendant F makes a request for termination of a trust to transfer ownership to several buyers, Defendant G is terminated by trust.