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(영문) 대구지방법원 2016.06.17 2015가단110789
회원보증금 반환 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) entered into a trust agreement with F on November 30, 2007 with respect to the instant site in order to carry out the business of constructing and operating Ecom clubs (hereinafter “instant golf clubs”) on the Gyeongcheon-si Kimcheon-do, Kim Jong-si, Hri, Il, and 127 lots (hereinafter “instant site”) from financial institutions, including F (hereinafter “F”), and completed the registration of ownership transfer for the instant site in the future on the same day.

B. The contents of the above trust agreement include: (a) the trustor and the beneficiary trust the instant project site to F; (b) the trustor and the beneficiary set a preferential right to benefit; and (c) if E fails to repay the loan obligations, the trustee disposes of the trust real estate at the request of the first beneficiary; and (d) appropriate the proceeds to repay the loan obligations; and (e) return the remainder to E, the truster.

C. Since then, the registration of ownership transfer was completed on July 12, 2012 on the instant project site and newly-built golf club clubs, etc. based on trust in the F future.

(hereinafter referred to as the “instant trust real estate” by combining the instant project site and golf course buildings.

After that, E delayed the fulfillment of the loan obligation to F, and the F proceeds in the process of disposal, such as public sale of the instant trusted property.

(hereinafter “instant public auction procedure”). E.

F) On May 22, 2014, in the instant public sale procedure, the J, which participated in the tender of KRW 1,410,00,000, as a successful bidder, was selected as a successful bidder, and the said amount was determined as the purchase price, and the payment deadline was determined as of May 28, 2014, and entered into a sales contract with J and the instant trust real estate.

However, even though J paid down payment of KRW 141,00,000, the remainder by May 28, 2014.

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