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(영문) 서울남부지방법원 2014.04.08 2013가합12724

대지권지분이전등기절차이행 등

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1. The Defendant OO Co., Ltd. is not less than 49693 m20,000,000 m2

A. The Plaintiff A on February 20, 2012 attached Form 1.

Reasons

1. Facts of recognition;

A. Defendant OO Co., Ltd. (hereinafter “DefendantO”) entered into a housing sale trust agreement (hereinafter “instant trust agreement”) with respect to the instant apartment to be constructed and sold on July 29, 2006 upon receipt of a housing sale guarantee certificate from the Defendant Korea Housing Guarantee Co., Ltd. (hereinafter “Defendant Korea Housing Guarantee Co., Ltd.”) on the instant previous land and the instant apartment to be constructed on its ground on the same day. On the same day, the registration of ownership transfer for the said land was completed to the Defendant on the same day.

Article 1 (Trust Real Estate) Trust real estate means a building in which a defendantO intends to undertake a housing construction project (referring to the previous land in this case (hereinafter referred to as "land") and a building or building is being constructed or constructed on the same land.

Article 2 (Purpose of Trust) The purpose of this trust is to manage, sell and dispose of trust real estate (including transfer of the ownership of land or housing; hereinafter the same shall apply) by the defendantO's housing construction on the land to build houses and appurtenant and welfare facilities (hereinafter referred to as "houses") to sell them to the buyers, or by the defendantO's housing guarantee, if it is impossible for the defendantO to carry out the sale contract.

Article 3 (Public Notice of Trust and Trust) (1) The defendantO shall entrust the land to the house guarantee of the defendant, and the house guarantee of the defendant shall be acquired.

(2) The Defendants shall, without delay after concluding a trust contract, file for the registration of transfer of ownership and the registration of trust on land based on trust, and complete the registration of trust after completing the building.

The expenses incurred in such cases shall be borne by the defendantO.

Article 6 (Succession Business, etc.) (1) Defendant O shall be in default or bankruptcy.