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(영문) 광주지방법원 2017.11.02 2016가합56696

1. Defendant Hob City Development Co., Ltd. shall be KRW 133,452,00 to Plaintiff A, KRW 72,805,00 to Plaintiff B, and Plaintiff C.


1. Basic facts

A. Defendant L&C Development Co., Ltd. (hereinafter “Defendant L&C Development”) as the parties to the dispute is a company that newly constructs and sells Vtel (hereinafter “instant officetel”) on the land outside Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”). Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) concluded a sale management trust agreement with Defendant L&D city development in relation to the instant project.

B. (1) On March 23, 2012, the instant instant officetel was concluded with Defendant International Asset Trust, etc. a business agreement and an agency contract on the instant officetel construction and sale.

(2) On March 23, 2012, Defendant M&D urban development concluded a sale management trust agreement with Defendant International Asset Trust (hereinafter “instant trust agreement”) pursuant to the instant business agreement, and on the same day, Defendant International Asset Trust completed the registration of transfer of ownership based on trust regarding the instant business site.

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

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 Geondi City shall be registered as preservation.