소유권이전등기
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and it shall be dismissed in the above revoked part.
1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 4, and evidence No. 56 by integrating the whole purport of the pleadings.
D Co., Ltd. (hereinafter “D”) entered into a land trust agreement (hereinafter “project agreement”) with the Plaintiff and the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust”) on November 20, 1997, with respect to the business of purchasing the instant site and constructing one building for neighborhood living facilities and business facilities (the underground seven floors and the ground 20 floors) on the said land, and selling it in lots.
(1) D shall borrow the money necessary from the truster and beneficiary of the above project agreement, and from the plaintiff who is the contractor (11.7 billion won) to purchase the instant land with the money, and trust to the Korean Real Estate Trust with the instant land and the buildings for the use of neighborhood living facilities and business facilities to be newly built on the instant land and its ground.
(2) In accordance with the sale-type land trust agreement to be concluded with D, the Korean Real Estate Trust shall construct the said building by concluding a contract with the Plaintiff under which the construction of the said building is contracted.
(3) D, the Plaintiff, and the Korean Real Estate Trust shall settle the trust business within six (6) months after the completion of the building, and if the project costs, such as construction costs, have not been collected due to the unsold sale, it shall be settled by:
(A) borrow money in the name of a financial institution in the name of D, or convert the money into a lease for an unsold article, and recover the money and redeem the plaintiff's claims.
(B) D may request disposal trust to the Korean real estate trust for unsold items.
D. In this case, D.