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(영문) 서울고등법원 2017.11.17 2016나2047643
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuit, the real estate stated in attached Table 1 Paragraph (1) shall be included.

Reasons

1. Basic facts

A. Futurealal alkyal alkyal alkyal alkyal alkyal alkyal alkyal alkyal 3-1 al. 3,849 square meters and 3-3 al. al. 24,793 square meters (hereinafter collectively referred to as the “instant land before the instant partition”) in Namyang-si, Namyang-si. The Defendant is a corporation established under the Housing and Urban Fund Act to conduct various guarantee business, etc. to promote housing welfare and to support urban regeneration.

B. On November 7, 2007, future eggs entered into a housing sale trust agreement (hereinafter “instant trust agreement”) with the Defendant on the land prior to the instant partition and the building constructed or constructed on the land before the instant partition in order to carry out the business of constructing and selling the instant apartment.

Article 1 (Trust Real Estate) Trust Real Estate refers to the attached Form (including the land subject to access roads and donations under the approval of the project plan; hereinafter referred to as the "land") in which future notice is given in order to carry on a housing construction project with the approval of the project plan pursuant to the provisions of Article 16 of the Housing Act and the buildings which are being constructed or constructed on the same land.

Article 2 (Trust Purpose) The purpose of this trust is to manage, sell and dispose of trust real estate (including the transfer of ownership of land or housing) with the purpose of implementing the sale guarantee (referring to the performance of the sale or refund) in case that weathers in the future build housing and ancillary facilities according to the approval of the project plan and carry out the sale contract to the buyer or the buyer, or where weathers in the future are unable to carry out the sale contract.

Article 10 (Trust Original Copy) The original trust shall be as follows:

1. Real estate in trust and money in trust;

2. The sale price of the real estate in trust is stipulated under Article 12 (Beneficiary) (1).

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