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(영문) 울산지방법원 2012.11.14 2011가단29641
건물인도 등
Text

1. The Plaintiff:

A. The defendant A indicated in the attached list 1136.54 square meters of real estate 9 stories listed in the attached list 2, 3, 10, 11, among the attached drawings.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) transferred to the Defendant on February 3, 2003 the 9th 1136.54 square meters of the building indicated in the separate sheet (hereinafter “the instant building”) owned by the Defendant, the 6.4 square meters of the area at the top of the ship (hereinafter “instant 1 square meters”) connected the respective points of the 2,3,10,11, and 2 attached drawings to the Defendant, in sequence, among the 1136.54 square meters of the building indicated in the separate sheet (hereinafter “instant building”). On December 16, 202, the 3,4,9,10, and 300 square meters of the separate sheet (hereinafter “the instant 2nd 30,000 square meters”) among the 6.4 square meters of the portion on the ship (hereinafter “the instant building”) attached to the 2,66,78,50,000 square meters under the order of 300,000 square meters under the order,2.

B. On March 22, 2006, D entered into a trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) with the purport of preserving and managing the ownership of the building of this case from D (hereinafter “instant trust agreement”). On the same day, D completed the registration of ownership transfer based on the instant trust agreement in the future of the Korea Asset Trust.

C. Afterwards, the Defendants respectively occupied and used the instant shops Nos. 1, 2, and 3 (hereinafter collectively referred to as “each of the instant shops”) and filed a civil lawsuit against the Korea Asset Trust and D (U.S. District Court 2008Gadan25922). On June 17, 2009, “The instant trust agreement constitutes double selling of anti-social order and thus becomes null and void. Therefore, the Korea Asset Trust will perform the procedure for the cancellation registration of the ownership transfer registration for each of the instant commercial buildings to D, and D will pay the Defendants the balance of each of the sales prices and at the same time pay the Defendants each of the instant sales prices.”

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