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(영문) 광주지방법원 2017.09.14 2016가합60169
사해행위취소
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 March 23, 2012, a sales and management trust contract for Btel (hereinafter “instant land trust contract”) with the Defendant (an international trust company prior to the change) and a sales and management trust contract for the sales and agency contract (hereinafter “instant business agreement”) with respect to the sales of Btel (hereinafter “instant officetel”) to be constructed on the ground of the Seo-gu and four parcels (hereinafter “instant land”).

The main contents of the instant land trust agreement and the instant business agreement are as follows: ① the Defendant manages the instant land; ② the instant officetel ownership is also managed by the Defendant when the instant officetel is newly constructed and registered for preservation in the future; ② the sales contract form is the seller of the b&D city development; ② the Defendant enters the Defendant as the agent trust company; ③ the initial printed new sales contract is managed and kept by the Defendant; ③ the Defendant requests the issuance of a new sales contract for the conclusion of the sales contract; ④ the sale price should be deposited into the funds management account opened by the Defendant; ④ the sale price should be deposited into the funds management account opened by the Defendant; and the sales contract form should not be effective without the Defendant’s seal.

B. As to the instant land subject to registration of trust for the instant land, the development of the Geondi City on March 23, 2012, the Defendant completed each registration of ownership transfer on the grounds of the same day trust, and the instant land trust contract was publicly announced on the trust ledger.

C. The Plaintiff, as well as the Plaintiff, shall prepare a letter of commitment between the Plaintiff and the G&D City Development.

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