사해신탁취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The conclusion of a sales contract for each real estate listed in the separate sheet 1 and 2 is 1) Korean Co., Ltd. (hereinafter “Korean Co., Ltd”).
A. B Co., Ltd. (hereinafter “B”) on January 15, 2009
each of the real estates listed in the Schedule 1 and 2 (hereinafter referred to as “each of the real estates of this case”).
In concluding a sales contract with respect to each of the instant real estates, the real estates listed in the separate sheet No. 2, among the instant real estates, need to obtain land transaction permission, thereby constituting an agricultural company Eel Agriculture Co., Ltd. (hereinafter “Eel Agriculture”).
) Unlike the sales contract, a sales contract was prepared (the combination of each of the above sales contracts is referred to as “the instant sales contract”).
(2) The instant sales contract set the sales amount of KRW 8 billion in total. B agreed to pay KRW 373,898,760 on the date of the contract, the remainder of KRW 636,736,101,240 on the date following the date of the contract, and the remainder of KRW 636,736,101,240 on the date of the contract. In the sales contract for real estate listed in the attached Table 2, B agreed to obtain land transaction permission for the land listed in the attached Table 2 and pay KRW 100 million to the Korean public.
After September 4, 2009, Korea Public Corporation and B extended the outstanding payment date of the instant sales contract to March 2010.
3) On January 15, 2009, the Republic of Korea received only the down payment and the intermediate payment from B, and completed the registration of ownership transfer for each real estate listed in the separate sheet No. 1, and on April 10, 2009, the Republic of Korea completed the registration of ownership transfer for each real estate listed in the separate sheet No. 2. 4) B, on May 29, 2014, drafted a written confirmation with the Plaintiff that there is KRW 6,834,266,40 for the remainder obligations arising from the instant sales contract.
B. B’s loan agreement and the instant trust agreement agreement 1) B are multi-family housing and neighborhood living facilities construction projects conducted in Gwangju City City (hereinafter “instant project”).
to lend funds necessary for the project as the executor of the project.