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(영문) 서울남부지방법원 2017.10.26 2017가합102281
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendant are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The conclusion of a real estate sales contract with the Defendant and the branch-conton corporation (hereinafter “branch-conton corporation”).

B) On April 29, 2010, each of the real estates listed in the separate sheet No. 1 (hereinafter “each of the instant real estates”).

With respect to the truster, the truster was changed to the Ganmon Mutual Savings Bank, Gyeonggi-do Co., Ltd. [Profit-making Premium: 10,400,000,000 won, and 10,000 won, and 10,000 won, and thereafter, the trustee was changed to the Ganmon Mutual Savings Bank (hereinafter “Korea-Japan Asset Management”).

[] A so-called Solomon Mutual Savings Bank (Profit Premium: 6,500,000,000 won), Honam Solomon Mutual Savings Bank (Profit Premium: 5,200,000,000 won) and Busan Solomon Mutual Savings Bank (Profit Premium: 5,200,000,000 won) and real estate security trust agreement (hereinafter “instant trust agreement”) with the second priority beneficiary as the central construction company.

On April 30, 2010, the registration of ownership transfer was completed in the Defendant’s future with respect to each of the above real estate in accordance with the above trust agreement. (2) The Defendant, who is the priority beneficiary, issued a public notice of the instant real estate sale on January 27, 2016, and conducted the public sale procedure upon the request for realization disposition under Article 17(1)1 of the instant trust agreement for the management of Han-gu Property, which is the priority beneficiary. However, upon a failure on three occasions, the Defendant promoted the disposition by a negotiated contract.

3) Accordingly, on May 25, 2016, the Plaintiff filed an application with the Defendant for a negotiated contract as to the remaining 102 units and 402 units and 12 units among each unit of the instant real estate, and on June 9, 2016, as to the remaining 102 units and 102 units and 102 units, and accordingly, on May 31, 2016, the Plaintiff and the Defendant filed an application for a negotiated contract as to the above units and 12 units and 12 units on May 31, 2016, and on June 14, 2016, each of the real estate sales contracts (hereinafter “each of the instant sales contracts”).

(A)Article IV (Transfer of Ownership) ① “A” (the defendant is named);

hereinafter the same shall apply.

shall be the disposal price.

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