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(영문) 수원지방법원성남지원 2014.06.25 2013가합9679

소유권이전청구권가등기말소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 1996, the Plaintiff and the Korea Land Trust established a trust contract for sale-type land (hereinafter “instant trust contract”) with the purport that the Plaintiff will return trust property and profits to the Plaintiff upon the termination of the contract, and that the trust contract was partially amended on June 30, 1999 and March 7, 200. The trust contract was concluded with the Korea Land Trust, which reflects the above modified contents. The trust contract reflected the above revised contents.

B. The relevant agreement on the instant trust agreement is as follows.

Article 13 (Initial Beneficiary) The first Beneficiary of this Trust shall be the plaintiff.

However, the third party can be the beneficiary.

Article 19 (Appropriation of Expenses Incurred in Realization of Trust Property) Where money belonging to a trust property is insufficient to cover any loan and interest thereon, any loss incurred without any negligence of the Korean land trust in the course of performing trust affairs, other expenses incurred in performing trust affairs, and the payment of the price of the Korean land trust, a claim shall be made to the beneficiary, and where money falls short of this, a claim may be made to the beneficiary by selling part or all of the trust property in such a manner

Article 25 (Delivery of Trust Property upon Termination of Trust) Where a trust deed is terminated, the Korea Land Trust shall obtain approval from the beneficiary for final settlement, and deliver the trust property to the beneficiary in accordance with the following methods in return for the certificate of beneficial interest and redemption:

1.Korea Land Trust shall, with respect to trusted real estate, be transferred to the beneficiary in the existing condition after the cancellation of the trust registration and the transfer registration to the beneficiary.