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(영문) 광주지방법원 2017.01.11 2016가단511561

소유권이전등기

Text

1. The plaintiff's primary claim against the defendant International Asset Trust Co., Ltd. is dismissed.

2. Defendant.

Reasons

1. Determination on the primary claim against Defendant International Asset Trust Co., Ltd.

A. On November 27, 2015, Defendant AWn Urban Development Co., Ltd. (hereinafter “instant officetel”) concluded a contract to sell the instant officetel to the Plaintiff KRW 81,100,000 for total supply price on December 10, 2015.

However, the trust agreement between the Defendants is null and void due to a juristic act by false conspiracy, and even if it is not so, the Defendant International Asset Trust Co., Ltd. is obligated to implement the procedure for the registration of ownership transfer of the instant officetels to the Plaintiff pursuant to a separate agreement.

B. According to the evidence No. 1-5, No. 1-3, No. 1-3 (including virtual numbers), and the purport of the entire pleadings, it is recognized that Defendant International Asset Trust Co., Ltd. entered into a business agreement and agency contract with Defendant L&D City Development Co., Ltd. and Seo-gu, Gwangju, on March 23, 2012 concerning the new construction and sale of land No. 4, and completed the registration of transfer of ownership and trust with respect to the land for business site on March 23, 2012 by concluding a trust contract with Defendant L&D Urban Development Co., Ltd., Ltd., and completed the registration of ownership transfer on November 5, 2015 in accordance with the pre-line trust contract, etc. < Amended by Presidential Decree No. 26742, Nov. 27, 2015>

Although the Plaintiff asserts that the trust agreement on the instant officetel between the Defendants was false conspiracy, there is no evidence to acknowledge it. Rather, in light of the above facts, the Plaintiff appears to have lawfully concluded a trust agreement for securing the principal and interest of loans in the process of new construction and sale of the instant officetel.

In addition, the defendant International Asset Trust Co., Ltd. has the instant officetels on the plaintiff.