logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.07.18 2018가단23329
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C. The process and content of the trust agreement entered into with the Defendant and the non-party partnership (hereinafter “the non-party partnership”) on December 6, 2010, Co., Ltd. (E), the contractor for the construction work of the C. (hereinafter “E”).

In order to repay a total of 45.6 billion won of unpaid construction costs and PF loans, etc., the right to dispose of and trust to a truster designated by E by dividing approximately 35,083 out of the land secured for recompense of development outlay owned by the non-party partnership, but all disposal rights, such as sale of the land secured for recompense of development outlay that disposed of and entrusted, shall be agreed that the right to dispose of the remaining land secured for recompense of development outlay shall be held by the non-party partnership (hereinafter referred

(2) According to the first agreement, on December 31, 2010, the non-party partnership concluded a real estate disposal trust agreement (G; hereinafter “the first trust agreement”) between the Defendant and F Co., Ltd. with respect to the 35,083 of the land allotted in recompense for development outlay owned by the non-party partnership (hereinafter “the first trust real estate”).

3) On November 24, 201, the non-party partnership borrowed KRW 2.762 billion from E as business expenses, and additionally borrowed KRW 3.017 billion on May 23, 2014. In order to secure repayment of the borrowed amount, the non-party partnership agreed that the remainder of the development recompense land owned by the non-party partnership except for the first trust real estate among the land secured by the non-party partnership owned by the non-party partnership shall be held as a collateral trust to the trust company (hereinafter “the second and third agreement”).

A) On September 2, 2016, the non-party partnership entered into a real estate security trust agreement (H; hereinafter “the second trust agreement”) between the Defendant and the first beneficiary with respect to the 11 parcel out of the remainder other than the first trust real estate (hereinafter “second trust real estate”) owned by the non-party partnership around September 2016.

Of the trust property 2, there are 1:00 square meters and JJ 865.7 square meters (hereinafter collectively referred to as “each of the instant lands”) among the real estate held in trust 2.

B. The plaintiff.

arrow