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(영문) 서울고등법원 2012.05.09 2010나21285
건물인도
Text

1. Of the judgment of the first instance court, the part on Defendant E, F, G, M, N,O, Q, R, and T shall be revoked.

Defendant E.

Reasons

1. Basic facts

A. A. Around January 5, 2005, when entering into a real estate management and trust contract, the development of Seongdong Industry Co., Ltd. (hereinafter “Sew Industry Development”) sold 122 units of apartment units unsold in lots at the time among the above-ground X apartment units in W at the two weeks of the new construction of the development of the ew industry to the ewn&C Co., Ltd. (former trade name before the alteration: KAW C&C; hereinafter “S”).

In order to pay the purchase price for the above apartment bonds 122 to the development of sexual friendship industry, Seongbuk-do Co., Ltd. (hereinafter referred to as the "promotion mutual savings bank") was loaned from the promotion mutual savings bank around that time.

on March 30, 2005, gender-friendly industry development entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with the Plaintiff, a company engaged in real estate security trust business, etc. on the above apartment 122 bonds (hereinafter “instant trust property”) with the main contents as follows, and completed the registration of transfer on the trust property of this case on the ground of the instant trust agreement. The main purpose of the instant trust agreement was to preserve the trust property of the promotion mutual savings bank in order to secure the performance of its obligation or liability owed to the mutual savings bank, which is the first beneficiary in the instant trust agreement, and to preserve the trust property of this case by preserving the trustee of the instant trust property of this case in order for the Promotion mutual savings bank to make sure the repayment of the trust property of this case.

Trust period:

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