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(영문) 대구지방법원 2015.09.18 2014가합9636
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 15, 2013, the Plaintiff entered into a real estate security trust agreement with the Defendant and each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with respect to the Plaintiff, the trustee, and the first priority beneficiary of the trust principal, with respect to the Plaintiff, the trustee, and the first priority beneficiary of the trust principal, with respect to the Plaintiff, the trust depository, the trust principal, and the beneficiary of the trust proceeds, with the period from 2013 to 2016 (hereinafter “instant trust agreement”). For this reason, the Plaintiff completed the registration for the transfer of ownership with respect to each

According to the trust contract of this case on the same day, a credit transaction agreement of 1.6 billion won was concluded between the plaintiff (debtor and security offerer) and the Saemaul Bank of Korea as security of the beneficial interest certificate (the amount of 2,080,000,000 won) issued by the defendant in the future of the Saemaul Bank of Korea.

(hereinafter “instant credit transaction agreement”). B.

On July 23, 2013, a credit transaction agreement of KRW 130,000,000 was concluded between the Plaintiff and the Saemaul Savings Depository on the security of the second beneficiary right certificate (the amount of certificate: KRW 169,00,000) issued by the Defendant pursuant to the instant trust agreement.

(hereinafter referred to as “instant credit transaction agreement”). 【No dispute exists, entry in Gap 1, 2, 3, and 7 evidence (including each number)

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff’s business of remodelling and selling six-story buildings located in Daegu-gu, Daegu-gu, where the instant real estate is located (hereinafter “instant real estate development project”).

In order to enter into a partnership agreement with B, the government delegated B to raise all funds necessary for the instant real estate development project.

The Plaintiff purchased the instant real estate on July 15, 2013 under the same business agreement, and entered into the instant trust agreement with the Defendant under the name of the Plaintiff, and entered into the instant trust agreement with the Defendant, and entered into the instant trust agreement, and entered into the instant loan transaction agreement with the Defendant as collateral.

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