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(영문) 서울중앙지방법원 2017.07.12 2016가합559563
수익금확인 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. The status of the parties concerned is that the Plaintiff is the executing company and the selling agency company of the D-Lease apartment in the original city, which is located in C (hereinafter “instant rental apartment”), and B is a financial institution which has concluded a business agreement with the Plaintiff for the said conversion to sale in lots.

B. Trust contract and the first business agreement are concluded 1) E Co., Ltd. (the trade name at the time is F Co., Ltd.; hereinafter “E”) that constructed the instant leased apartment.

on August 12, 2005, G Co., Ltd. (the trade name at that time is “J, hereinafter “G”)

(E) The instant rental apartment is entrusted to the buyer, and if E is converted for sale in lots, the trust contract for real estate management (hereinafter “the trust contract”) to which the trustee transfers the ownership to the buyer is called the instant trust contract.

(1) The disposal price of the real estate shall be higher than the estimated disposal price specified in Appendix 2, provided that E and G may, if deemed necessary at the time of disposal, adjust the disposal price in consultation. (1) The conditions for disposal of the real estate held in trust are determined as follows: (3) The succession of rights and duties to the real estate, the method of payment of the price, the timing of payment, and other terms and conditions of the disposal.

Added 3 Disposal Plan, Terms and Conditions, etc. Special Agreement

2. A disposal plan. (2) A neighboring pledgee of the right to benefit shall give written consent to the purchaser, the timing of disposal, the amount of disposal, the terms and conditions of disposal, etc. at the time of disposal activities by the E and beneficiary referred to in the above paragraph (1)

3. Where E seeks the written consent of a seller for a trust real estate disposed of through a contract for sale in lots between E and buyer before and after this trust contract, G requests G to transfer ownership in the name of buyer in the name of buyer after recognizing the seller status of E under the same contract for sale in lots, G is required to transfer ownership directly to buyer and deliver documents necessary for the transfer of ownership.

except (a).

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