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(영문) 수원지방법원 2016.08.19 2015나17910

점유회수

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 209, K&P General Construction Co., Ltd. (hereinafter “K&P construction”) entered into a contract for the new construction of six row houses (hereinafter “instant apartment houses”) including real estate listed in the separate sheet (hereinafter “instant real estate”) with Korea-type Da, C, and D (hereinafter “instant apartment houses”) and performed the instant new construction project.

B. On June 24, 2010, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) concluded a real estate collateral trust agreement with respect to the instant tenement on June 24, 2010 between Korea and Korea Land Trust (hereinafter “Korea Land Trust”) for the purpose of securing the loan and the obligation to pay the construction cost to K&P, and under the real estate collateral trust agreement for several times thereafter, K&P came to have the status as the first and second priority beneficiary with respect to some households of the instant tenement as the security for construction cost.

C. On March 2, 2012, the Korea Land Trust, the Korea Land Trust, and C consented thereto, and the Korea Land Trust Co., Ltd entered into a bonds acquisition agreement (hereinafter “instant bonds acquisition agreement”) with the following terms and conditions, and D was registered as a priority beneficiary on the certificate of beneficial rights issued by the Korea Land Trust.

Article 1 (Contents of Acceptance of Claim) (1) The transferor of claim shall transfer all the right to preferential benefit and its underlying claim possessed by the trusted real estate in accordance with the security trust contract to the transferee of the claim, and the transferee of the claim shall be subject to the acquisition of the claim.

Article 2 (Matters of Agreement) (2) The assignee of the credit shall transfer the credit among the trust real estate to two 201 through 205, three 305, five 505.