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(영문) 창원지방법원 2018.01.25 2016가합55073
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B’s promotion of the instant business 1) C is a stock company B (hereinafter “B”).

(D) the establishment of the Republic of Korea (hereinafter “D”) and the establishment of the Republic of Korea (hereinafter “D”).

3) On the land outside E and 26 parcels, a new apartment with a scale of 331 units is built and sold (hereinafter “instant project”).

2) On December 12, 2008, in the course of raising the instant project costs, C took out a real estate security trust agreement with the truster B, one asset trust, one trust with the first beneficiary of the trust principal, and the first beneficiary of the trust principal, and completed the registration of ownership transfer on December 15, 2008, by designating as B the first beneficiary of the trust principal, the first beneficiary of the trust principal and the second trust with the first beneficiary of the trust principal, and accordingly concluding the real estate security trust agreement with the first beneficiary of the trust on December 15, 2008.

3) B shall undergo an urban planning deliberation necessary for the instant project and an investigation into the excavation of cultural properties after consultation with the relevant agencies, and obtain the approval of the housing construction project plan for the instant project from the head of Si/Gun on May 15, 2009, through the procedures such as contact with the owners of other land included in the instant project site. 4) Since then, B was declared bankrupt by the K Deposit Insurance Corporation, which is the trustee in bankruptcy of the said bank, requested the realization of the instant purchased land to a single asset trust, and the public auction procedure for the instant purchased land was conducted, and the Korea Deposit Insurance Corporation filed an application for a compulsory auction on the Plaintiff’s real estate with the title of the Plaintiff.

(F) the Changwon District Court 2.2

The written agreement of this case is prepared.

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