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(영문) 서울중앙지방법원 2018.07.06 2017가합18632
소유권이전등기청구
Text

1. Of the instant lawsuit, the part of the Plaintiffs’ primary claim against Defendant L Co., Ltd. is dismissed.

2. The plaintiffs.

Reasons

1. Basic facts

A. N Co., Ltd. (hereinafter “N”) that entered into a real estate disposal trust contract is a company (project operator) that constructed and sold a PP on the ground of 2,894 square meters above the Yeongdeungpo-gu Seoul Metropolitan Government O and 24 lots of land.

After completing the registration of initial ownership on April 25, 2005 with respect to each of the above stores, N entered into a real estate disposal trust agreement with N as a truster, Defendant M as a trustee, with the following contents as to the entrustment of the disposal duties of each of the above stores (hereinafter “instant trust agreement”), and on the same day, the registration of ownership transfer with respect to each of the above stores was completed on the same day by Defendant M as the above trust agreement.

Under the instant trust agreement, the first beneficiary of the trust principal is Q Co., Ltd. (hereinafter “ Q”), and the second beneficiary is Defendant L (execution company).

Article 4 (Beneficiary) (1) A beneficiary shall be in principle N, and where a separate designation is required, a special agreement shall be determined.

(2) N may newly designate or change a beneficiary with the consent of the defendant M.

This right shall be exclusively owned by N and shall not be inherited.

Article 6 (Disposal of Trust Real Estate) (1) The defendant M shall dispose of the trust real estate in accordance with the disposal price method and disposal conditions that the trust real estate is deemed appropriate, and shall be determined after consultation with N or beneficiaries, if necessary

Article 14 (Termination of Trust and Delivery of Original Copy, etc.) (1) This Trust shall terminate upon the expiration of the term of the trust or upon the termination of the trust, and upon the termination of the trust, defendant M shall obtain the consent of N and beneficiary concerning the final calculation.

Article 3 (Scope of Business) (2) The defendant M shall terminate or terminate the whole or part of the trusted real estate at the request of the N and preferential beneficiary.

(4) The N and the defendant M constitute N-sale agreement signed and sealed by the defendant M and the defendant L with respect to the disposal of trust real estate (including ownership transfer by contract for sale in lots between the N-defendant M and the buyer).

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