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(영문) 수원지방법원 2014.07.15 2013가합16841
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Han-gu Construction Co., Ltd. (hereinafter “ Han-gu Construction”) concluded a housing sale trust agreement (hereinafter “the instant trust agreement”) under the Housing Act with respect to the instant land and the instant apartment to be constructed on November 29, 2006 after being issued a housing sale guarantee certificate from the Defendant on the same day, on the following day, it concluded a housing sale trust agreement (hereinafter “the instant trust agreement”) with respect to the Defendant as to the instant land, which is owned by Han-gu Construction Co., Ltd., Ltd. (hereinafter “ Han-gu Construction”), and the Defendant completed the registration of ownership transfer for the said land on the same day.

Article 1 (Trust Real Estate) Trust real estate means a building constructed or built on the same land (which means the previous land in this case (hereinafter referred to as the "land") and a building on which Han River Construction is intended to run a housing construction project.

Article 2 (Purpose of Trust) The purpose of this Trust is to manage, sell and dispose of trust real estate (including the transfer of ownership on land or house; hereinafter the same shall apply) for the purpose of performing a sale guarantee in case where the Han River Construction constructs houses and appurtenant or welfare facilities (hereinafter referred to as “house”) on land and executes a sale contract to a buyer, or where Han River Construction is unable to execute a sale contract.

Article 3 (Public Notice of Trust and Trust) (1) Hanby Construction shall be entrusted to the defendant with the land, and the defendant shall accept it.

(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 cost incurred in such a case shall be borne by Han loan construction.

Article 6 (Succession Business, etc.) (1) The Defendant is unable to perform the sales contract due to dishonor, bankruptcy, company reorganization procedure, application for commencement of composition, etc.

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