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(영문) 서울고등법원 2014.11.20 2014나2015864

대지권지분이전등기절차이행 등

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1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. After filing an appeal.

Reasons

1. Facts of recognition;

A. On November 29, 2006, theO decided to construct and sell a Q apartment of 345 households (hereinafter “instant apartment”) on the 27 lots listed in the list of the attached trust land owned by it (hereinafter “the previous land”). On November 29, 2006, theO entered into a housing sale trust contract for the instant apartment to be constructed on the previous land and its ground (hereinafter “the instant trust contract”). On the same day, theO completed the registration of ownership transfer on the previous land, and completed the ownership transfer cycle for the instant apartment after the building was completed later for the instant apartment.

The trust-based trust contract for the sale of housing (trust-type real estate) is a building constructed or constructed on the same land by theO after obtaining approval of a project plan pursuant to the provisions of Article 16 of the Housing Act (hereinafter referred to as "land").

Article 2 (Purpose of Trust) The purpose of this Trust is to manage, sell and dispose of trust real estate (including transfer of ownership on land or house; hereinafter the same shall apply) for the purpose of performing a sale guarantee if theO constructs houses and appurtenant or welfare facilities (hereinafter referred to as "house") on land and executes the sale contract to the buyer, or theO is unable to perform the sale contract.

Article 3 (Public Notice of Trust and Trust) (1) TheO shall trust the land to the defendant, and the defendant shall accept it.

(2) TheO and the defendant shall, without delay after concluding a trust contract, make the registration of transfer of ownership and trust on land based on trust and complete the registration of trust after completing the building.

The expenses incurred in such cases shall be borne by theO.

Article 6 (Succession Business, etc.) (1)O.