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(영문) 광주지방법원 2017.10.27 2016가합56726
소유권이전등기
Text

1. Defendant Hob City Development Co., Ltd. shall be KRW 270,540,00 to Plaintiff A, KRW 135,270,00 to Plaintiff B, and KRW 130,00 to Plaintiff C.

Reasons

1. Basic facts

A. The parties to the instant case are the companies that carry out the business of newly building and selling Ltel (hereinafter “instant officetels”) on the land outside Gwangju-gu, Seo-gu and four lots of land (hereinafter “instant project site”), and the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) entered into a sales management trust agreement with Defendant LAW City Development and the instant construction project.

B. (1) On March 23, 2012, Defendant b&D city development entered into a business agreement and an agency contract with Defendant International Asset Trust, etc. regarding the instant project for the new construction and sale of officetels.

(2) On March 23, 2012, Defendant LAW City Development concluded a trust agreement with Defendant International Asset Trust and a sale management trust agreement (hereinafter “instant trust agreement”) in accordance with the instant business agreement, and completed the registration of ownership transfer on the same day with Defendant International Asset Trust based on the trust agreement with respect to the instant land for business.

Article 3 (Registration of Transfer of Ownership and Trust) (1) After entering into a trust contract, the development of the defendant Geob City must, without delay, complete the transfer of ownership and trust registration on the trust property in the future of the defendant international asset trust.

② When the instant building is completed on the trust real estate, Defendant Dondi City Development shall undergo a pre-use inspection, and shall additionally trust the completed building to Defendant Dondi City Development at the same time as the registration of ownership preservation in the name of Defendant Dondi City Development.

Article 27 (Additional Trust and Transfer of Ownership) (1) When a building newly constructed or extended to real estate held in trust is completed, the development of the defendant Geob City shall be registered at the same time as the preservation registration is made, and the building shall be registered in the international asset trust

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