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(영문) 광주지방법원 2017.08.04 2016가단512335
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. The status of the G&D Urban Development Corporation (hereinafter “N&D Urban Development”) is a company that implements the new construction and sale of 482 household officetels (hereinafter “instant officetel”) on the land outside Seo-gu, Seo-gu, Gwangju and four parcels of land (hereinafter “instant project site”).

B. On March 23, 2012, 201, a trust agreement between the Defendant and the development of b&D city 1) concluded a business agreement and an agency agreement with the Defendant on the instant project for the construction of the instant officetel sales (hereinafter “instant business agreement”).

(2) (B) On March 23, 2012, 2012, b&D urban development entered into a sale management trust agreement with the Defendant (hereinafter “instant trust agreement”) in accordance with the instant business agreement, and completed the registration of ownership transfer for the instant project site to the Defendant on the same day.

(B) According to the instant business agreement and the instant trust agreement, subparagraph 2, Eul evidence 5-1, 2, 3, 4, 5) and Eul evidence 5-1, 5-2, 5-3, the Defendant, a trust company, entrusted the ownership of the instant business site and the instant officetel’s ownership and managed the sales business, such as the conclusion of the sales contract, and the execution of the instant land development shall be conducted through consultation with the Defendant, and the Defendant shall be in charge of the storage of the sales contract, the establishment of the fund management account, and the receipt and management of the sales price. The sales revenue shall be collected only in the agricultural cooperative account in the name of the Defendant, which is the management account of the sales revenue designated by the Defendant, and the sales contract shall be recognized as the sales price. The sales contract without the Defendant’s seal is effective, and the Defendant completed the registration of ownership transfer to the buyer, who is not fully paid the sales price with the above sales revenue management account.

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