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(영문) 제주지방법원 2016.12.21 2015구합5454
취득세등부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Jeju Island Co., Ltd. (hereinafter “instant corporation”) entered into a real estate security trust agreement (hereinafter “instant security trust agreement”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) on January 3, 2006. From around that time, it purchased neighboring land as a business site for the implementation of the instant recreation park development project, and registered as a trust to the Korea Land Trust.

The truster: The beneficiary of the first beneficiary of the trust principal of the Jeju Branchaland trust: the second beneficiary of the trust principal of the Sung Branchaland trust principal of the Seongdong Brancha Corporation: the debtor of the Geum Branchaland: the debtor of Jeju Branchaland: the trustee of Jeju Branchaland: the land trust period of the trust of the trust of the trust between January 3, 2006 and the completion of the repayment of debts: the trustee of the trust of the trust of the trust of the trust of the trust of the trust of the first beneficiary of the trust principal of the Jeju Branchaland: the purpose of this trust is to preserve and manage the trust real estate and to liquidate the trust when the trustee fails to perform his/her obligations

Article 8 (Transfer of Ownership and Registration of Trusted Real Estate) (1) In order to transfer ownership of trusted real estate to a trustee immediately after a trust contract is concluded, the truster shall provide the trustee with all necessary documents for registration of trust, such as the certificate of registration, certificate of personal seal impression

(2) Expenses incurred in the registration under paragraph (1) shall be borne by the truster.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall actually continue to occupy and use trust real estate, and shall bear all the expenses for the actual preservation of trust real estate, all the management activities and all the expenses therefor.

(2) Where a trustee has no prior consent of the trustee, the truster shall reduce the value of the trusted real estate by means of creation of rights, such as lease, or modification of the current state.

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