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(영문) 의정부지방법원 2009.12.04 2007가합9037
건물인도
Text

1. The Plaintiff:

A. Defendant C: the real estate listed in [Attachment C] Section 1;

B. Defendant I and J set forth in the separate sheet No. 7.

Reasons

1. The facts falling under any of the following subparagraphs of basic facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1, 2, Eul evidence 3-1 through 72, Eul evidence 7-1 through 4, Eul evidence 6-1 through 6, Eul evidence 8-1 through 5, Eul evidence 9-1 through 7, Eul evidence 10-1 through 3, Eul evidence 14-1 through 5, Eul evidence 15-1 through 6, Eul evidence 15-1 through 19-4, Eul evidence 19-1 through 4, Eul evidence 22-1 through 26-1 through 3, Eul evidence 27-1 through 7, Eul evidence 29-1 through 7, Eul evidence 29-7, Eul-1 through 30-1 through 6, and the purport of the whole pleadings:

On March 30, 2005, the development of the Sung-friendly Industry Co., Ltd. (hereinafter referred to as the "Mari-friendly Industry Development") entered into a real estate management trust agreement for the purpose of collateral trust (hereinafter referred to as the "instant trust agreement") with the Plaintiff on March 30, 2005, with respect to X apartment 122 bonds (hereinafter referred to as "the subject matter of trust of this case"), and completed the registration of ownership transfer for the subject matter of trust of this case in the name of the Plaintiff on the ground of the above trust agreement.

Trust Period: Preferential beneficiary of the trust principal for 3 years from the date of registration of trust: Beneficiary of the trust principal and trust proceeds: Article 5 (Sale of Trust Real Estate) (1) of the Matters of the Special Agreement on K&C Co., Ltd., the beneficiary may sell the trust real estate separately to the beneficiary in order to discharge his/her obligation to the first beneficiary.

Provided, That where a beneficiary sells less than 80% of the sales amount presented to the beneficiary, he/she shall obtain prior consent from the beneficiary.

(2) In cases where a person who purchases a trust real estate (hereinafter referred to as "seller") in lots is required to transfer part of the real estate held in a trust due to the full payment of the sale price as a result of the sale in lots under the preceding paragraph, the beneficiary shall refer to the transfer of ownership to the purchaser after

1. The sale price of a buyer shall be paid in full;

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