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1. Compulsory execution against the Defendant’s Plaintiff by the District Court Decision 201Gahap15947 Decided September 20, 2012.
Reasons
1. Basic facts
A. The parties concerned are creditors of the non-party C Co., Ltd. (hereinafter “C”), and C is the owner of B forest No. 23,762 square meters (hereinafter “instant land”). C entered into a housing sale trust contract (hereinafter “the instant trust contract”) with the Plaintiff (hereinafter “Plaintiff”) with respect to the instant land, and completed the registration of ownership transfer on November 8, 2007 on the ground of the said trust contract to the Plaintiff.
B. On the other hand, the instant trust agreement includes the right to claim reimbursement of expenses and the right to self-help sale as follows.
Taxes and public charges (value-added tax related to the implementation of a trust project, acquisition tax, registration tax, public charges, etc. following the registration of preservation of a building), registration expenses, other expenses equivalent to the above expenses, damages, etc. incurred by the plaintiff in the course of performing trust affairs, etc. shall be paid by C, but if the plaintiff who guaranteed the sale of the trust property fails to implement
(17) (17) The repayment of a loan and interest accruing from a trust property, any loss incurred by the Plaintiff without fault in the course of performing trust affairs, and any other expenses incurred in performing trust affairs, and the Plaintiff’s substitute payment, shall be claimed to C, and if the money falls short of the money, the method and value deemed reasonable by the Plaintiff may be sold in whole or in part, and appropriated
(18) The trust agreement shall terminate, if the purpose of the trust is attained, etc.
§ 22. (c)
The defendant of the preceding lawsuit shall file a lawsuit against the plaintiff to implement the procedure for the registration of transfer of ownership of the land of this case on the ground that the contract of this case was terminated by the Jung-gu District Court 201Gahap15947 (hereinafter referred to as the "prior lawsuit") in subrogation of C.