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(영문) 대전지방법원 2017.07.20 2016가단224517
소유권이전등기
Text

1. In the case of a natural comprehensive construction company, the defendant corporation is a single asset trust, set forth in attached Table 2.

Reasons

Facts of recognition

On February 3, 2004, Plaintiff A concluded a sales contract with the content that the building of this case was sold in 85,449,000 won from Defendant natural species. Plaintiff A paid all the sales price to Defendant natural species during the period from February 3, 2004 to January 17, 2008. 2) around August 24, 2004, Plaintiff C concluded a sales contract with the content that the building of this case was sold in 85,449,000 won from Defendant natural species.

The term "the details of succession of rights and obligations" in the sales contract for the building No. 2 of this case means that D took over the status of a party to the sales contract from July 2, 2007.

1) The Defendants’ natural case was Defendant Han Trust (former trade name was Daol Real Estate Trust Co., Ltd. and Daol Trust Co., Ltd.) on April 13, 2007.

(1) The first and second buildings of this case are entrusted to the Korean bank (hereinafter “Korea bank”) and the first first beneficiaries are the Korean bank (hereinafter “Korea bank”).

(2) The first beneficiary of the second and third priority is a trust deed with the content that the first beneficiary of the second and third priority is the best mutual savings bank (hereinafter “instant trust deed”).

On the same day, the registration of ownership transfer was completed with respect to the building Nos. 1, 2, etc. in the instant trust agreement. 2) Article 9 of the Special Clause of the instant trust agreement (hereinafter “the Special Clause”) provides that “A” (referring to the Defendant’s natural case) shall be “B” (referring to the Defendant one trust; hereinafter the same shall apply) upon the request of the buyer for the termination of trust with the written consent of the first beneficiary in order to transfer the ownership of the real estate (including the building Nos. 1 and 2 of this case) to the buyer, at the same time as the trust is terminated.”

Plaintiff

A and the Defendants, the Plaintiff A in the previous lawsuit.

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