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(영문) 서울중앙지방법원 2017.08.31 2013가단302653
소유권이전등기청구 등
Text

1. The Seoul High Court on March 5, 2015 regarding the real estate stated in the separate sheet for the Defendant Korea Land Trust Co., Ltd.

Reasons

1. Basic facts

A. The party-related Plaintiff is a truster who has entered into a land trust with the Defendant Land Trust Co., Ltd. (hereinafter “Defendant Land Trust”) in relation to the new apartment (hereinafter “instant apartment”) construction and sale of the apartment (hereinafter “instant apartment”) in Seongbuk-gu Seoul and 101 parcel. The Defendant Land Trust is a trustee of the instant project as the real estate trust institution, and the Defendant Kudong Construction Co., Ltd. (hereinafter “Defendant Kudong Construction”) is an apartment construction business entity, which is an apartment construction business entity.

B. 1) On October 12, 2007, the Plaintiff and the Defendants entered into a trust agreement with respect to the instant project. On October 12, 2007, the Plaintiff and the Defendants registered the instant project site, etc. in trust with the Defendant’s land trust, and settle the proceeds after the Defendant sold the instant apartment, etc. to the Defendant, and repaid the debt to the pledgee, etc. with the priority beneficiary, including the pledgee, with the proceeds from the sale of the apartment, etc., and

A) The instant trust agreement is concluded, and the contents pertaining to the instant case are as follows. The instant trust agreement refers to the period from the trust agreement to September 2010 (within six months after completion) (Article 23 and Article 5 of the Special Agreement). The beneficiary under the trust agreement is determined as the Plaintiff, and the Plaintiff is granted trust property according to the trust agreement at the time the trust agreement is terminated or terminated (Article 13 and Article 14). The first pledgee under the Plaintiff’s certificate of beneficial rights is the New Bank Loan (Article 93.6 billion won) and the second pledgee is the Defendant Kudong Construction (Article 10 of the Special Agreement) (Article 10 of the Trust Agreement) (Article 14 of the Special Agreement, the pledgee notifies the truster and the trustee of the termination of the trust obligation, and the Defendant’s land trust is the real estate trusted.

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