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(영문) 서울고등법원 2016.07.21 2015나2030150
소유권확인등
Text

1. The plaintiff's lawsuit against the defendant International Asset Trust Co., Ltd., which has been changed in exchange at the trial, shall be dismissed;

2...

Reasons

1. The reasoning of the judgment of the court on this part of the basic facts is as stated in the first instance judgment from 5 to 13, except for the modification or addition as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 10 of the first instance judgment, the following shall be added to the third instance judgment:

Paragraph 6. Waiver and Assignment of Construction Rights

1.If the borrower and the asset management company request the contractor to waive the execution rights by agreement on the grounds that it is deemed difficult for the contractor to perform such obligations as provided for in this Agreement on the occurrence of the following grounds, the contractor shall waive the execution rights and transfer the execution rights to the substitute contractor approved by the asset management company:

Provided, That if a smooth consultation is not held, the asset management company shall select a substitute construction work.

(f) No. 11 of the first instance judgment for the commencement of consultation with interested parties, including financial institutions, etc. for workouts, applications for commencement of composition, or similar procedures after the date of the conclusion of this Agreement, add the following to the first fifth instance judgment for the commencement of consultation:

Article 26 (Termination of and Liability for Trust) ① This trust contract may be early cancelled by an agreement by all the truster, trustee and priority beneficiary.

However, it can not be terminated after the first contract for sale is concluded.

On the 12th page of the first instance judgment, the Plaintiff shall revise “the Plaintiff” as “the Asia Trust”.

The following shall be added to the 10th page 13 of the judgment of the first instance.

[Attachment 1] On June 2, 2015, each land indicated in [Attachment 1] C Complex Facilities Construction Project Site Nos. 1 through 10, 13, 14, 15, and 18, such as the annexation of land, was merged into the land indicated in the attached Table 2 list (Tan Daegu U. 4314.2mm2m2) and each land listed in the same list Nos. 11, 12, 16, 17, 19 on June 3, 2015 was transferred to Busan Metropolitan City Maritime Daegu on the ground of donation on June 3, 2015, and was merged into Busan Maritime Transportation V and W land on June 11, 2015.”

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