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(영문) 광주지방법원 2017.07.21 2016가합54546
소유권이전등기
Text

1. Defendant Hob City Development Co., Ltd. shall be KRW 271,780,200 to Plaintiff A, KRW 203,302,200 to Plaintiff B, and Plaintiff C.

Reasons

1. Facts of recognition;

A. (1) The status of the parties (1) Defendant AWn City Development Co., Ltd. (hereinafter “Defendant AWn City Development”) is a company that newly constructs and sells G officetels with the size of 1st underground floor and 482 households above 13th ground (hereinafter “the instant officetel”) on the land owned by the Plaintiff, Seo-gu, Seo-gu, Gwangju (hereinafter “instant project site”). The Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant AWn City Trust Co., Ltd.”) is a company that entered into a sales management trust agreement with regard to the development of Defendant AWn City and the instant project for the new construction of the instant officetel.

B. (1) On March 23, 2012, Defendant LAWn City Development concluded a business agreement and an agency agreement on the instant instant business for the construction and sale of the instant officetels with the Defendant International Asset Trust and Maritime Construction Co., Ltd. (hereinafter “Maritime Information and Communications Network Construction”), A Indones Construction Co., Ltd. (hereinafter “A Indones Construction”) and the instant business agreement and an agent agreement on the instant business for the construction of officetels.

(2) On March 23, 2012, the instant project agreement entered into with Defendant International Asset Trust and Sale Management Trust (hereinafter “instant trust agreement”) in accordance with the instant project agreement and completed the registration of transfer of ownership based on trust regarding the instant project site on the same day with Defendant International Asset Trust on April 2015.

(3) The main contents of the instant business agreement and the instant trust agreement are as follows: (a) Defendant International Asset Trust manages the ownership of the instant project site and the instant officetel ownership, which will be constructed in the future; and (b) Defendant Dondi City Development is performing the sales affairs, such as entering into a sales contract, at its responsibility and charge, and at the expense.

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