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(영문) 서울중앙지방법원 2016.10.13 2015가단5305293

소유권이전등기

Text

1. The Defendant Han Asset Trust Co., Ltd. is on January 13, 2006 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On January 13, 2006, the Plaintiff entered into a sales contract with Defendant A to purchase each real estate listed in the separate sheet attached to Defendant A (hereinafter “instant real estate”) as KRW 100,030,000 with the purchase price.

(hereinafter “instant sales contract”). B.

According to the instant sales contract, the Plaintiff paid to Defendant A KRW 30 million as the down payment on January 13, 2006, and KRW 60 million as the intermediate payment on January 20, 2006.

C. On February 23, 2006, the Plaintiff and the Defendants concluded a real estate disposal trust agreement stating that “the Defendant trust company shall preserve and manage the ownership of the instant real estate, which is trust real estate, and transfer ownership to the Plaintiff at the request of the Defendant A and the Plaintiff after the settlement of the balance of the instant sales contract was completed.”

(hereinafter “instant First Trust Contract”) D.

On April 11, 2006, Defendant A completed the registration of ownership transfer on the instant real estate to Defendant trust company on February 23, 2006.

E. After November 29, 2007, the Plaintiff and the Defendants decided to wholly amend the instant first trust agreement, and concluded a real estate security trust agreement with the trustor and the beneficiary as the first beneficiary of the community limited liability company (hereinafter “non-party company”). The trustor and the beneficiary as the truster and the trustee trust company, the Defendant trust company, and the obligor and the prospective purchaser as the Plaintiff, respectively.

(hereinafter referred to as “instant 2 Trust Contract”) - The preceding sentence

1. The term “trust Contract” is to preserve, manage and sell trust real estate (referred to the instant real estate; hereinafter the same shall apply), which is an area scheduled for the new apartment construction project in Pyeongtaek-si B urban development project in Gyeonggi-do.