서울중앙지방법원 2014.08.13 2014가합1541



1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.


On June 7, 2011, the Plaintiff (F, a stock company before the alteration) was established on the premise of the fact that the contract was entered into and the execution of the contract was completed, and the Plaintiff was registered as the manager, and on August 31, 201, the Plaintiff entered into a sales contract with Defendant D to substitute for the debt of KRW 800,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000 won.


A, H, and I have signed and sealed the above agreement as a joint and several surety of the Plaintiff Company.

Article 1 (Relation to Site)

2. Of this site price, down payment and intermediate payment are the acquisition by the Plaintiff Company of the existing loans of KRW 800 million on the above site of Defendant D, and down payment and intermediate payment are paid.

3. The balance of KRW 900 million shall, in principle, be paid by Defendant D in accordance with the beneficial interest certificate after the completion of the Plaintiff Company’s development project (based on within three months after the completion of the development project).

(C) The Plaintiff Company shall provide the trust company with the second beneficial right certificate issued by the trust company to Defendant D at the transfer stage of the ownership of the site for the remainder.

5. Since Defendant D’s ownership of this site ought to be carried out simultaneously with the above loan acquisition procedures and the procedures for providing a trust deed and a certificate of beneficial rights to trust companies, the Plaintiff Company and Defendant D, after preparing a real estate sales contract between the Plaintiff Company and Defendant D, shall acquire existing loans, and transfer the Plaintiff Company’s ownership at the stage of concluding a trust contract, and the Plaintiff Company shall be from Defendant D.