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(영문) 대구지방법원경주지원 2019.08.23 2018가합2240
제3자이의의 소
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. On June 21, 200, the Plaintiff is a real estate trust company established in accordance with the Trust Business Act, and is engaged in the trust and related business of land and its fixtures. The Defendant is a construction company established in March 28, 2007, which is engaged in the construction business.

B. On November 3, 2016, the Defendant entered into a contract between November 9, 2016 to August 10, 2017, under which the construction period for the new construction of each real estate listed in the separate sheet (hereinafter “each of the instant buildings”) was from November 9, 2016 to August 10, 2017, and entered into a new construction contract with the value of supply at KRW 2.5 billion (hereinafter “instant contract”).

C. On January 24, 2017, the Plaintiff entered into a real estate security trust agreement with the trustor C, the Plaintiff, and the first priority beneficiary, with respect to the amount of KRW 2,460,00 and KRW 5666/765, out of KRW 73,00,00 of KRW 4,00 and KRW 73,00,00,000,000 for each of the instant buildings (hereinafter collectively referred to as “each of the instant sites”), and completed the registration of ownership transfer for each of the instant sites based on the instant trust agreement (hereinafter referred to as “instant trust agreement”).

The terms and conditions of the instant trust agreement include the following:

Article 20 (Prohibition of Registration of Building by Additional Trust, Scope of Trusted Real Estate and Creditor's Right of Subrogation) (2) Any building newly constructed, extended or substantially repaired on a trust real estate or land on the ground (including any ground building newly constructed, extended or substantially repaired after the transfer of a trust contract or after the transfer of a trust contract; hereinafter referred to as "building on the ground" in this Article) shall be included in

(4) C shall, within 60 days after obtaining authorization for the completion of a ground building from the competent authority, make a registration of preservation of ownership and a registration of real estate security trust with the priority beneficiary.

5. C.

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