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(영문) 서울북부지방법원 2013.11.07 2012가합7124
건축주명의변경 등
Text

1. Of the instant lawsuit, the part concerning the claim for performance of the procedure for change of the owner’s name shall be dismissed.

2. The defendant shall list attached Form B.

Reasons

1. Presumption

A. B entered into a sales contract with EM on August 23, 2010 to purchase KRW 480 square meters among KRW 1,423 square meters in Seoul Special Metropolitan City, Nowon-gu, for KRW 2.55 million. By August 23, 2010, B paid the down payment of KRW 260 million until August 23, 2010, and the principal amount of KRW 251,840,280 in annual installments, interest of KRW 8,159,720 in annual installments among the remainder on November 17, 2010.

B On October 28, 2010, upon obtaining a construction permit to establish a building on the land above the above purchase, as indicated in the attached list with a total floor area of 1,90.73 square meters (hereinafter referred to as “instant building”), B entered into a contract for construction to set the construction price of the said new building at 2 billion construction cost between the building company on August 17, 201 (hereinafter referred to as “large Construction”) and the company on the said land by setting the period of construction from August 25, 201 to April 30, 2012.

B. B received a loan of KRW 1 billion from the Plaintiff on September 1, 2011 to raise funds for the construction project, on which the period of repayment was set on September 1, 2012, and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) established a security trust agreement with the Plaintiff and the first priority beneficiary on the said land as KRW 1.3 billion. In addition, B concluded a security trust agreement with the Plaintiff and the Korea Asset Trust, and entered into a fund management agency agreement with the Korea Asset Trust and the Dae Chang Construction.

1) The contents of the said security trust agreement are as follows: (A) as of the date of conclusion of the trust agreement, it is impossible to register the trust in front of the Korea Asset Trust as of the date of the conclusion of the trust agreement due to the failure to adjust the public records of the said land; (b) as such, the public records of EA are completed; and (c) the ownership transfer registration of the said land has been completed from EAD to B

(Article 2). (b) Until a registration of trust has been made, the preferential beneficiary's right to benefit as provided for in the above contract shall be the same.

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