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(영문) 서울중앙지방법원 2016.12.01 2016가합532674
우선수익금 청구 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 425,880,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 14, 2016 to June 15, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On June 22, 2012, C and D, the Plaintiff’s birth, entered into a real estate disposal trust agreement (hereinafter “instant trust agreement”) with an international trust company (hereinafter “international asset trust company”) on the same day with respect to two parcels of land, 401, 402, and 403 (hereinafter “instant real estate”) in Daejeon Metropolitan City, Dong-gu, Daejeon, and its ground-based, in which they share at the ratio of 1/2 shares, and registered the transfer of ownership based on the said trust with an international asset trust on the same day.

On April 25, 2016, pursuant to the instant trust agreement, an international asset trust entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) with the following terms and conditions (hereinafter “this case’s sales contract”). The main content of the instant sales contract was to dispose of the instant real estate in accordance with the instant special agreement entered into on June 22, 2012.

Article 1 (Purpose of Sale) The purpose of this sale is to transfer the ownership of the sale real estate to the defendant pursuant to the provisions providing that the trustee shall dispose of the trust real estate to a person designated by the priority beneficiary without a separate request from the truster when disposing of the trust real estate under Article 7 of the special terms of the trust agreement of this case between the beneficiary and international asset trust, truster (C, D), and priority beneficiary as of June 22, 2012.

Article 2 (Sales Price) Sales Price shall be two billion won.

(C Shares: 1.2 billion won, D Shares: value-added tax of KRW 100 million shall be paid separately.

Therefore, the defendant.

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