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(영문) 서울중앙지방법원 2012.06.27 2011가합47522

근저당권설정등기

Text

1. The defendant shall enter into an agreement on August 10, 2006 on the establishment of a right to collateral security on each building listed in the attached list of real estate.

Reasons

1. Basic facts

A. 1) The Scar Industry Co., Ltd. (hereinafter “Scar Industry”) entered into the instant trust agreement

[1] The land of this case] is the land of this case owned by Jung-gu, Jung-dong, 773,545 square meters (hereinafter “the land of this case”).

2) On the ground, the ground level of the 7th ground level and the 9th ground level of the 9th square meters scargs (each building listed in the attached list; hereinafter “the instant Rigs”).

2) The project to newly build and sell a new project (hereinafter referred to as “instant project”).

The Defendant, a real estate trust company and real estate trust company, the Defendant, and the Defendant’s Intervenor, a contractor, entered into a trust management-type land trust agreement (including special agreement) with the aim of selling or selling the instant resort as trust property in relation to the instant project on August 10, 2006 (hereinafter “instant trust agreement”). (The agreement entered into as above is referred to as “instant trust agreement”).

(2) On August 11, 2006, Scarb industry completed the registration of ownership transfer of the instant land pursuant to the above trust contract to the Defendant on August 11, 2006. (2) Of the contract concerning the instant trust contract (hereinafter “instant trust contract”), the contents related to the instant case are as stated in the attached trust contract of this case.

3) Although the trust contract of this case expired on November 2008 after 27 months from the date of conclusion of the contract, the contract period was extended from December 2, 2008 to February 2, 201, and the trust relation was not terminated due to the dispute between the plaintiff and the defendant as to trust property including the instant resort, and the defendant as to the defendant as to the instant resort. (B) On August 10, 2006, Switzerland industry should receive a loan of KRW 69.5 billion from the Joint Capital (hereinafter referred to as the "Joint Capital") from the defendant as the contractor and the lender as the lender to raise funds necessary for the instant business on August 10, 2006, which is the date of conclusion of the instant trust contract.