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(영문) 서울중앙지방법원 2018.09.13 2017가단5105442
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 201, the Plaintiff and A entered into a design and supervision agreement on urban-type residential housing (the instant real estate is the 12th floor No. 1201 among them) with a scale of 64 households to be constructed on the land, other than Pyeongtaek-si B, and two parcels. Paragraph (1) of the said special agreement states, “The construction cost of the apartment building in the share office of the Plaintiff, which is part of the 12th floor, shall be three million won per deliberation.”

B. Around that time, the Plaintiff prepared a design drawing according to the said design and supervision agreement, and obtained a building permit from the head of Pyeongtaek-si around October 12, 201.

C. Upon completion of the above urban-type residential housing, A entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant Asian Trust on February 28, 2017, stating that the registration of ownership preservation was completed under the name of the said urban-type residential housing, and the registration of ownership transfer was completed against Defendant Asian Trust on the same day, with Defendant Asian Trust as the trustee, and Defendant Ilsan Trust as the first beneficiary. Accordingly, on the same day, Defendant Asian Trust completed the registration of ownership transfer under the said trust agreement.

The relevant provisions of the instant trust agreement are as follows.

A [Grounds for Recognition] Unsatisfy, entry in Gap evidence 2, 10, 11, and 12 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the purport of the Plaintiff’s assertion, the sales contract was concluded between the Plaintiff and A to sell the instant real estate to three million won per square year. However, as the said real estate was transferred under the name of Defendant Asian Trust under the instant trust agreement, the obligation to transfer ownership under the said sales contract became impossible.

This constitutes a case where the transfer of ownership is impossible to a purchaser who purchased trust real estate due to a truster's reason" as stipulated in Article 8 (1) 6 of the above special agreement.

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