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(영문) 서울중앙지방법원 2017.07.12 2017가단5061672
가등기에 기한 본등기절차 이행의 소
Text

1. The Defendant shall receive, on December 21, 2006, the Suwon District Court in relation to the Plaintiff’s land size of Pyeongtaek-si B, 661 square meters.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) entered into a sales contract with the Plaintiff on December 18, 2006 with the financial support of Essp mutual savings banks (hereinafter “Es”) in order to implement an urban development project under the Urban Development Act for the land of Pyeongtaek-si D (hereinafter “C”) and purchased the Plaintiff’s 661m2 (hereinafter “instant real estate”) for purchase price of KRW 290,000,000,000, with the relation that Espher provided financial support as above, the above sales contract includes the contents relating to trust as follows.

Article 1 (Purpose of Contract) The purpose of this real estate sales contract is to promote an urban development project under the Urban Development Act for land of Pyeongtaek-si D (170,000 square meters) in Gyeonggi-do, and the seller and the buyer enter into a real estate sales contract as follows by agreement:

Article 4 (Establishment and Cancellation of Other Limited Real Rights, etc.) (1) A seller shall submit documents necessary for the registration of security trust (including the provisional registration of trust; hereinafter the same shall apply) or the registration of disposal trust (including the provisional registration of trust; hereinafter the same shall apply) to a purchaser with respect to the sale and purchase real estate.

Article 7 (Cooperation for Urban Development Project) (1) Seller shall actively cooperate in an urban development project promoted under this contract.

(2) A seller shall be deemed to delegate all the matters concerning the progress of an urban development project (application for land transaction permission, consent to the implementation of an urban development project, etc.) to a purchaser, even without any separate procedure

Article 9 (Trust Contract, etc.) (1) A seller shall, at the same time as an intermediate payment is received, implement a security trust or disposal trust in the future of a real estate trust company designated by the purchaser, prevent infringement of other

B. C paid the full purchase price to the Defendant on December 21, 2006.

b) the Commission;

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