(영문) 수원지방법원 안산지원 2017.04.27 2016가합8708

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(영문) 수원지방법원 안산지원 2017.04.27 2016가합8708

소유권이전등기

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1. The Daejeon District Court rendered No. 106915, Nov. 25, 2008, as regards each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. From October 12, 2006 to each of the real estates listed in the separate sheet (hereinafter “instant real estate”), the Defendant operated the Gao Park in the name of “C” from October 12, 2006, and operated the Gao Park in the name of “C”. The Defendant sold the Gao Park in the instant real estate and carried out the business of acquiring the proceeds from the sale from the buyer.

B. On November 25, 2008, the Defendant and the New Bank Co., Ltd. concluded a trust agreement for real estate management and disposal with the Defendant as the trustor, and with the new Bank as the trustee, and completed the trust registration in the name of the new Bank as the Daejeon District Court No. 106915 on the same day.

C. The above trust agreement entered into between the defendant and the new bank of Korea and the new bank states that the plaintiff has a claim of KRW 2,500,000 against the defendant.

On February 27, 2013, the Defendant confirmed that the Plaintiff’s claim was KRW 4,500,000,000 (i.e., principal KRW 2,500,000,000) and that the Plaintiff’s claim was KRW 2,500,000,000 among them were delivered a certificate of salary of KRW 5,000 per the salary unit in the instant real estate (per 1st 5,000,000), and concluded an agreement between the Plaintiff and the Plaintiff on February 27, 2013, that the Plaintiff shall complete the registration of ownership transfer as a payment in kind to the Plaintiff immediately after the trust of the new bank, which was a stock company with respect to the instant real estate was terminated and the ownership of the Defendant is recovered.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on the ground of a payment agreement on February 27, 2013, when the registration of trust of the new bank on the instant real estate was cancelled or the registration of ownership transfer was completed in the Defendant’s future.

As the instant claim constitutes a lawsuit for future performance, the Plaintiff constitutes the Defendant.

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