소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basis facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence 1 to 10 (including branch numbers; hereinafter the same shall apply) and Eul evidence 1 to 4.
(1) On June 5, 2012, the Defendant entered into a land trust agreement with the truster and beneficiary B Co., Ltd. (hereinafter “B”) on the type of land management for the new construction and sale of the officetel in Seongdong-gu, Sungnam-si (hereinafter “instant officetel”).
(hereinafter referred to as “instant trust contract”). Article 1 (Purpose of Trust) ① The purpose of this trust contract is to provide the beneficiary with trust benefits by means of operation, such as constructing a trust building on the trust land, disposing of the trust land and the trust building, which is the trust property.
(2) Within the scope of trust property, a trustee shall bear the rights and duties of the owner of a building, and the responsibility for raising funds shall be determined according to the terms and conditions of the contract, which shall be borne by the truster or the person designated by separate agreement.
Article 14 (Disposal, Management and Operation Methods of Trust Real Estate) The trustee shall sell, manage and operate trust real estate in accordance with the following methods:
1. A trustee may sell the trusted real estate in lots on the terms and conditions of the sale price determined in the business plan;
Provided, That where the truster's obligation to the preferential beneficiary and the unpaid construction cost for the trial even after the construction has been completed due to the unsold housing, etc., the trustee may dispose of the unsold housing, at the request of the preferential beneficiary, by means of a discount, sale in lots, payment in kind
Article 15 (Performance, etc. of Sale Business) (1) A trustee shall conduct sale business, such as advertising for sale and sales contracts.
Provided, That it may be determined differently in consultation with the beneficiary, the contractor, and the preferential beneficiary.