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(영문) 서울중앙지방법원 2015.11.26 2014가단244952

소유권이전등기말소등

Text

1. The plaintiff's lawsuits against the defendant B and C are all dismissed.

2. Defendant Buln C&C Co., Ltd. shall be attached to the Plaintiff.

Reasons

1. Basic facts

A. On March 2, 2011, Defendant Korea Trust Co., Ltd. (hereinafter “Defendant Korea Trust”) entered into a management-type land trust contract with Defendant Ululd Co., Ltd. (hereinafter “Defendant Ululd Co., Ltd”), a contractor, and Defendant Ululd Co., Ltd. (hereinafter “Defendant Ululd Co., Ltd”), a third priority beneficiary, with respect to the new construction of multi-family housing at the Dog-si, YY-si, YY-si, and the third priority beneficiary. Under the said trust contract, the registration of initial ownership was completed with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On December 21, 2012, Defendant Korea’s trust is below the agreement on the completion of the instant project between Defendant ABC and Defendant B&C Construction for the purpose of termination and settlement of the said trust project.

AB concluded this chapter

C. On December 27, 2012, Defendant Puln Co., Ltd agreed to transfer the ownership of the instant real estate to the Plaintiff.

The Plaintiff agreed with Defendant B to decide on the title of the instant real estate as Defendant B. Accordingly, on January 3, 2003, Defendant Ulul C&C requested Defendant Korea Trust to transfer the ownership to Defendant B. The Defendant Korea Trust on January 8, 2013.

3. The registration of ownership transfer has been completed to Defendant B on the grounds of sale.

E. Since then, the Plaintiff agreed with Defendant C to the name of the instant real estate as Defendant C, and accordingly, the registration of ownership transfer was completed on April 11, 2013 under Defendant C’s name.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Gap 1 to 5 evidence, Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the recognition of the claim against Defendant Buldi C, Defendant BulC is obligated to implement the registration procedure for ownership transfer on the instant real estate on December 27, 2012 to the Plaintiff on the ground of the ownership transfer agreement as of December 27, 2012.

B. The defendant Korea Trust.