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(영문) 울산지방법원 2016.09.23 2015가단5391
소유권이전등기 등
Text

1. Defendant C:

A. As to the real estate listed in paragraph 1 of the attached list to Plaintiff F:

B. The same list to Plaintiff B.

Reasons

1. Facts of recognition;

A. A. Around April 2014, Defendant C and the Plaintiff agreed to sell the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “G building No. 602”) to the Plaintiff at KRW 185 million, but the sale price was already paid in full (hereinafter “602 sale contract”). Defendant D signed and sealed the joint guarantor column with the purport that Defendant C’s joint and several liability for the obligation under the above sale contract was jointly and severally guaranteed by Defendant C. B around April 2014, Defendant C and the Plaintiff’s real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “G building No. 402”) with the sale price of KRW 185 million, but the sale price was fully paid (hereinafter “402 sale contract,” and each of the above sale contract No. 602 and the sale contract No. 402”).

Defendant D signed and sealed on the joint and several sureties column to the effect that Defendant C’s debt under the above sales contract is jointly and severally guaranteed by Defendant C.

C. Meanwhile, on January 13, 2014, Defendant E Co., Ltd. (hereinafter “Defendant E”) concluded a contract with Defendant C for the new construction of G building located in Ulsan-gun, Ulsan-gun (hereinafter “G building”) by the period of construction up to KRW 1.4774 billion and July 15, 2014. The approval for the use of G building was granted on November 14, 2014 with the wind delayed construction.

Defendant C entered into a trust agreement with Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”) on January 6, 2015 (hereinafter “instant trust agreement”) with a priority beneficiary of a new Saemaul Depository on the same day, with respect to 402 and 602 of the G building on December 23, 2014, and on the same day, it was based on the trust agreement with Defendant International Asset Trust on January 6, 2015.

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