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(영문) 인천지방법원 2017.09.26 2017가합52527
제3자이의
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. On September 28, 2006, the Korea Land Corporation (the Korea Land Corporation and the Korea Land and Housing Corporation were merged with the Korea Land and Housing Corporation on October 2009; hereinafter “Korea Land and Housing Corporation”) sold the commercial Eable block 2,412.3 square meters in the development project area of the building site in Nam-gu Incheon Metropolitan City (hereinafter “Korea Land and Housing Corporation”) from the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) in lots.

B. On November 5, 2007, B succeeded to the status of the buyer of the instant land from the World Cooperative, which executed a new project of constructing neighborhood living facilities of the size of 4 underground floors and 12 floors above ground (hereinafter “instant building”) on the instant land (hereinafter “instant project”).

C. On January 28, 2008, B entered into a business agreement and an agency contract with G, loan financial institution, trust, and agent company with the Plaintiff (hereinafter “G”), Korea Bank (hereinafter “Korea Bank”), and one asset trust (the trade name at that time was changed to the current trade name, but thereafter, was changed to the current trade name through the “One Asset Trust,” hereinafter “Plaintiff Property Trust”). On the same day, B entered into a sales management trust agreement with the Plaintiff Property Trust (hereinafter “instant trust agreement”). The sales management trust agreement, prepared at the time of entering into the instant trust agreement, with the content as follows.

The letter B of the contract for sale management trust shall trust the land of this case to the plaintiff one asset trust, and the trustee shall conclude the contract for sale management as follows in acquiring it:

Article 1 (Trust Purposes) The instant trust contract is subject to the Act on Sale of Buildings in Units (hereinafter “Building Sale Act”). B shall transfer to the instant land.

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