beta
(영문) 서울중앙지방법원 2015.11.05 2014가합582132

신탁해지원인으로한소유권이전등기말소등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1 Status of the parties 1) Future Calop Co., Ltd. (hereinafter “Salopal Calop Co., Ltd.”)

[Attachment 1] The real estate listed in the [Attachment 1] List (hereinafter “instant land”).

33,849 square meters (hereinafter collectively referred to as “the instant land before the instant partition”) of P forest land and 33,849 square meters in Namyang-si.

) The Q apartment of South Yangyang-ju was changed to the Rar apartment of South Yangyang-ju due to the change of the construction after this.

hereinafter referred to as “the apartment of this case”

2) The Defendant is a corporation established under the Housing and Urban Fund Act to conduct various guarantee business, etc. to promote housing welfare and to promote urban regeneration.

B. On November 7, 2007, 2007, 1) Future Alh Co., Ltd. entered into a trust agreement with the Defendant for the purpose of running a business of constructing and selling the apartment of this case, the housing sale trust agreement (hereinafter “the trust agreement of this case”) regarding the land before the instant partition and the building constructed or constructed on the ground thereof.

2) The main contents of the instant trust agreement are as follows.

(1) The purpose of this trust is to manage, sell and dispose of (including the transfer of ownership of land or housing; hereinafter the same shall apply) trust real estate for the purpose of performing a sale guarantee (referring to the execution of sale or refund; hereinafter the same shall apply) by a defendant who has provided a sale guarantee pursuant to Article 106 (1) 1 of the Enforcement Decree of the Housing Act, where he/she is unable to perform a sale contract by constructing houses and ancillary and welfare facilities (hereinafter referred to as "houses") on land by future notification as a result of the implementation of the project plan plan on land and performing the sale contract

(2) The following costs and expenses are paid by the Defendant when the Defendant, who guaranteed the sale of the following items, is unable to perform the sales contract by future-alkykykykykykykykykyky's,

(Article 17 (1) i) Taxes and public charges for trust property (a project implementation is related to a trust project).