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1. Defendant A Co., Ltd.:
A. The Plaintiff (Appointed Party) shall be listed in the separate sheet No. 9,971,00 and the separate sheet No. 2 from January 1, 2015.
Reasons
1. Facts of recognition;
A. Defendant A (former B Co., Ltd.) purchased each land listed in the separate sheet No. 3 (hereinafter “instant land”) from the Korea Land Corporation on October 20, 2005, and completed the registration of ownership transfer on November 30, 2007.
B. On November 30, 2007, Defendant A entered into a trust agreement with Han Bank Co., Ltd. (hereinafter “ Han Bank”) with respect to the instant land as the truster and beneficiary, Han Bank as the trustee, and Han Bank as the beneficiary, and completed the registration of ownership transfer in the future of Han Bank on the same day.
According to the above trust agreement, if a defendant A fails to perform his/her obligation of loans, the Han Bank shall dispose of the land of this case at the request of the first beneficiary, appropriate the price for the repayment of the loan obligation, and return the remainder to the truster.
C. On the instant land, Defendant A newly constructed each building listed in the separate sheet No. 2 (hereinafter referred to as “each building”) on the instant land (hereinafter referred to as “the instant building”) and, as a common term, entered into a trust agreement with Han Bank on July 12, 2012 (hereinafter referred to as “instant trust agreement”), and completed the registration of ownership transfer in the future of Han Bank on the grounds of the instant trust on July 13, 2012.
After that, Defendant A delayed the performance of the obligation to lend to Han Bank, and on May 7, 2014, Han Bank followed the procedure for the disposal of the instant land and buildings (hereinafter “instant public sale procedure”).
E. On May 22, 2014, the Han Bank shall select C participating in the tender as a successful bidder at the price of KRW 1,410,00,000,00 in the instant public auction proceeding. The said amount shall be determined as the purchase price, and the payment deadline shall be determined as of May 28, 2014, and shall be between C and C.