logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.01.23 2017가단200426
소유권이전등기
Text

1. As to real estate listed in the separate sheet:

A. As for the trust of real estate that is created by the defendant corporation, the third party is the third party in the judgment of the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a purchaser of the real estate listed in the separate sheet (hereinafter “instant commercial building”). The Plaintiff is a trust company and the owner who is entrusted with the sale of the instant commercial building, and the Defendant Il Il-sung Limited Liability Company (hereinafter “Defendant Il-sung”) is the seller of the instant commercial building.

B. On June 16, 2014, the Plaintiff concluded a sales contract to purchase the instant commercial buildings at KRW 720,244,500 (hereinafter “instant sales contract”).

C. According to the instant sales contract, the Plaintiff deposited KRW 74,048,90, which is part of the down payment on June 18, 2014; KRW 70,000,000 on September 11, 2014; and KRW 144,048,90 on January 29, 2015; and KRW 144,048,90 on March 10, 2015; and deposited the intermediate payment of KRW 14,048,90 on March 10, 2015 into the account of the Defendant’s New Real Estate Trust; and deposited the intermediate payment of KRW 14,048,90 on February 3, 2016; and KRW 14,048,90 on February 3, 2016 in each of the Defendant’s account.

On December 24, 2015, Defendant Cho Il-sung entered into a sale management trust agreement (hereinafter “instant trust agreement”) that protects the buyer by preserving and managing the ownership of the instant commercial building and protecting the buyer, when the instant commercial building was entrusted to Defendant Cho Jae-sung and the instant commercial building was acquired by Defendant Cho Jae-sung.

E. On December 29, 2015, Defendant Il Sejong completed the registration of ownership preservation for the instant commercial building on the same day, and completed the registration of ownership transfer on the instant commercial building based on the trust on December 24, 2015 in the future of the instant trust agreement, pursuant to the instant trust agreement.

F. According to Article 27(2) of the instant trust contract, where the truster requests the buyer to terminate the trust in order to transfer the ownership to the buyer, the trustee shall terminate the trust at the same time as the buyer terminates the trust.

arrow