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(영문) 수원지방법원 2014.01.16 2013가합846

소유권이전등기청구권가등기말소등기청구등

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1. On April 22, 2010, the Defendant and Nonparty B Co., Ltd. entered into around November 201, 201 with respect to C forest land of 14,677 square meters in Gwangju-si.

Reasons

1. Basic facts

A. On July 27, 2007, B Co., Ltd. (hereinafter “B”) entered into a real estate management trust agreement with the Plaintiff and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) with the content that the Korea Asset Trust is entrusted with D and 190 parcels of land in Gwangju City, while the Korea Asset Trust is a business entity, the Plaintiff as the contractor, and the Plaintiff as the contractor, entered into a real estate management trust agreement with the content that the business of newly constructing and selling 2,057 units of apartment units on each of the above lands (hereinafter “instant business”), and subsequently added several parcels of land to the trust property.

B. B, on May 26, 2009, concluded a loan agreement (hereinafter “instant loan agreement”) with the Korea Slateral Bank (hereinafter “Slateral Bank”) (hereinafter “Slateral Bank”) for the purpose of repaying the existing debt and promoting the instant project, and obtained a loan of KRW 145 billion from Slateral Bank (hereinafter “Slateral Bank”). On December 23, 2009, B entered into a loan agreement with the Korea Slateral Bank (hereinafter “Slateral Bank”) for the purpose of obtaining a loan of KRW 125 billion (hereinafter “the instant loan agreement”). In addition, on December 23, 2009, each of the loan agreement was concluded with the Korea Slateral Bank (hereinafter “Slateral Bank”) and received a loan agreement of KRW 80 billion (hereinafter “Slateral Bank”).

C. On May 20, 2010, the Plaintiff entered into a business and loan agreement (hereinafter “instant business agreement”) with the lender, B as the borrower, and the Plaintiff as the contractor with respect to the instant business as follows.

Article III(1)(B) of the Loan Agreement shall be the repayment and repayment of existing loans borrowed from the lender in accordance with the existing loan agreement.