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(영문) 의정부지방법원 2019.01.17 2018나202171
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiffs' lawsuits against Defendant C Co., Ltd., and Defendant E and F.

Reasons

1. Basic facts

A. Defendant E, F, and F entered into an agreement on joint real estate development with Defendant E, and Defendant D’s real estate development with the respective share ratios of 1/2 of 69.8 square meters in Namyang-si, Nam-si, respectively. On September 18, 2014, Defendant D entered into an agreement on joint real estate development with the content of newly constructing a 10th above ground floor and a 1,293.25 square meters of the total floor area on the above land (hereinafter “instant building”).

B. Article 1 of the conclusion of a trust deed / [Trust Purpose] The purpose of this trust deed is to construct a building listed in attached Form 2 (hereinafter “trust building”) on the land listed in attached Form 3 (hereinafter “trust land”) and to provide trust benefits to beneficiaries by managing and operating the trust property, such as leasing and disposing of the trust property, and to ensure the stable progress of the project within the scope of trust property in the form of a project proprietor’s right and duty as a project proprietor.

Article 3 [Trust Period] ① The trust period is specified in attached Form 1 in attached Form 1 as "a trust period: from the date of the existing contract to the date of the settlement of business, it shall be a maximum of 12 months."

Before the termination of the trust, the beneficiary and the trustee may extend the period by mutual agreement.

(2) The various expenses prescribed in Article 22 until the expiration of the trust period mean taxes, public charges, registration expenses and trust fees for trust real estate, various association expenses imposed following the establishment of a place of business, and the expenses paid by the buyer when he/she requests a refund of the sale price corresponding to the reasons for refund as determined by the contract for sale in lots, such as return of the sale price already paid, design, supervision expenses and construction cost.

(2) If the trust is not repaid, the trust period shall be automatically extended under the same conditions until the reimbursement of the expenses is made.

(3) Where the liability owed to the truster or beneficiary is not fulfilled, the period of trust shall be extended automatically on the same condition as that of the beneficiary at the request of the beneficiary.

§ 13.

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