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(영문) 창원지방법원진주지원 2015.08.12 2014가단33846

가등기말소

Text

1. The defendant is against the plaintiff succeeding intervenor.

A. As to each real estate listed in separate sheet Nos. 1 to 4

Reasons

1. Basic facts

A. As to the real estate listed in [Attachment List Nos. 1 to 4 on June 13, 2007; as to June 15, 2007, 200/40 of the real estate listed in [Attachment List No. 5] as to June 15, 2007;

8. 20. 20. 20. Each registration of transfer of ownership with respect to each real estate listed in the separate list No. 6, and the defendant completed the registration of transfer of ownership with respect to each of the above real estate on the date C completes the registration of transfer

(hereinafter referred to as “instant real estate” and each of the above provisional registrations is referred to as “the instant provisional registration”. B.

C On September 29, 2009, the Asia Trust Co., Ltd. (hereinafter “ Asia Trust”) entered into a management-type land trust contract for each of the instant real estate (hereinafter “instant trust contract”) with the Plaintiff (including Dongbu Construction Co., Ltd.) and completed the registration of transfer of ownership for each of the instant real estate by reason of the trust to the Asia Trust.

C. Under the instant trust agreement, the truster, trustee, beneficiary C, beneficiary of the first priority, and beneficiary of the second priority is the Plaintiff, and the Plaintiff was the first priority beneficiary of the same comprehensive financial securities company around August 2012.

The instant trust agreement included the purport that the Plaintiff may sell the instant real estate, etc. within the scope of the preferential profit by designating the purchaser.

The Plaintiff sold each of the instant real estate by designating an bad mother industry development company as a purchaser. Since then, the instant real estate became the ownership transfer registration under the name of the Intervenor, such as Asia Trust, etc., and the ownership transfer registration was completed on February 9, 2015.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6, respectively.