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(영문) 서울중앙지방법원 2018.09.20 2016가합21334
소유권이전등기절차이행
Text

1. The plaintiff (Appointed)'s respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On April 2, 2010, branch offices, etc. of the Plaintiffs (hereinafter “Defendant Savings Bank”) and F and Defendant trust companies, and C (C was declared bankrupt on April 30, 2013 by Seoul Central District Court Decision 2013Hahap46, and Defendant Deposit Insurance Corporation was appointed as bankruptcy trustee; hereinafter “Defendant Savings Bank”) are located in B-ro branch offices of Defendant Savings Bank and located in B-ro branch offices of Defendant Savings Bank (hereinafter “Defendant Savings Bank”).

The following documents, as required for a loan contract, as set forth in paragraph (1):

Each of the real estates listed in the separate sheet Nos. 2 (hereinafter collectively referred to as "each of the instant real estates"; when specifying some of the real estates, documents necessary for the implementation of the procedure for ownership transfer registration in F name relating to the title of the real estate (hereinafter referred to as "real estate") and the following:

I prepared necessary documents to conclude the trust contract, such as the clause.

B. The document written as above on April 5, 2010, F borrowed the interest rate of 11% per annum from the Defendant Savings Bank, the highest interest rate of 25% per annum, and the maturity of 2.7 billion won on April 5, 2011. At the time, Plaintiff A guaranteed F’s obligation to pay the above loans.

C. The original real estate Nos. 1 and 2 owned 9/10 shares of the Appointed E, and the remainder of 1/10 shares of the Plaintiff, and the real estate No. 3 was owned by the Plaintiff, but the Plaintiff was on April 5, 2010.

In the document drawn up in the paragraph, F transferred F the ownership of 1/10 shares and 3 shares of each of the above 1/2 real estate.

Article 1 (Purpose of Trust) The purpose of the instant trust is to preserve the ownership and security value of real estate held in a trust through a trustee to guarantee the performance of the liabilities or responsibilities owed by the truster, and to realize and settle the trust in the event of default by the truster

Article 8 (Registration of Transfer of Ownership and Trust of Real Estate in Trust) (1) A truster shall transfer the ownership of real estate in trust to a trustee immediately after concluding a trust contract.

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