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(영문) 광주지방법원 2017.09.14 2016가합56528
소유권이전등기
Text

1. Defendant Hob City Development Co., Ltd. shall be KRW 66,726,00 to Plaintiff A, KRW 67,635,00 to Plaintiff B, and KRW 67,635,00 to Plaintiff C.

Reasons

1. Basic facts

A. Defendant LAW City Development Co., Ltd. (hereinafter “Defendant LAW City Development”) is a company that carries out the business of newly building and selling Stel (hereinafter “instant officetel”) on the land outside Seo-gu, Seo-gu, Gwangju and four parcels of land (hereinafter “instant site”). Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) concluded a sale management trust agreement with Defendant LAW City Development in relation to the instant project.

B. (1) On March 23, 2012, the instant instant officetel was concluded with Defendant International Asset Trust, etc. a business agreement and an agency contract on the instant officetel construction and sale.

(hereinafter “instant business agreement”). Article 3 (Registration of Transfer of Ownership and Trust) (1) of the instant business agreement (hereinafter “instant business agreement”). Upon entering into a trust agreement, Defendant A&D urban development ought to make a transfer of ownership and a trust registration on the trust property in the future of an international asset trust without delay.

② When the instant building is completed on the trust real estate, Defendant Dondi City Development shall undergo a pre-use inspection, and shall additionally trust the completed building to Defendant Dondi City Development at the same time as the registration of ownership preservation in the name of Defendant Dondi City Development.

Article 27 (Additional Trust and Transfer of Ownership) (1) When a building newly constructed or extended to real estate held in trust is completed, the development of the defendant Geob City shall be additionally entrusted to the defendant international asset trust at the same time as the preservation registration is made.

(2) Where Defendant L&C development requests termination of a trust to transfer its ownership to a buyer, Defendant international asset trust shall be completed at the same time as the trust is terminated, or the ownership transfer registration shall be completed directly by the buyer.

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