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(영문) 서울중앙지방법원 2015.01.15 2014가합548712
소유권이전등기
Text

1. The Defendant Asan Comprehensive Development Co., Ltd. is the Defendant International Trust Co., Ltd.

Reasons

1. Basic facts

A. Defendant Asan Comprehensive Development Co., Ltd. (hereinafter “Defendant Asan Comprehensive Development”) is an executor of the construction work of constructing “C” on the ground B of Asia-si (hereinafter “instant construction work”), and Defendant Aria Construction Co., Ltd. (hereinafter “Defendant Aria Construction”) is a contractor for receiving the instant construction work from Defendant Asan Comprehensive Development.

B. On February 7, 2013, Defendant International Trust Co., Ltd. (hereinafter “Defendant International Trust”) entered into a security trust agreement (hereinafter “instant trust agreement”) with respect to the instant aggregate building (hereinafter “instant aggregate building”) including each real estate listed in the separate sheet (hereinafter “instant each real estate”) newly constructed between Defendant Asan General Development and the instant construction. On February 18, 2013, the instant trust real estate was completed with respect to the ownership transfer registration based on the name of the international trust in the name of the Defendant International Trust ( Daejeon District Court No. 9484). The main contents of the instant trust agreement are as follows.

The comprehensive development of defendant Asan, the truster of the real estate security trust contract, is to conclude a real estate security trust contract as follows in the trust and acquisition of the real estate of this case in an international trust of the defendant, the trustee.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve ownership and security values of real estate held in a trust through an international trust of the defendant to ensure the fulfillment of obligations and responsibilities to be borne by the comprehensive development of the defendant Asan, and to liquidate them through a public auction or disposal in the event of default on the comprehensive development of the defendant Asan

Article 18 (Time to Dispose of Real Estate in Trust) (1) In any of the following cases, the defendant international trust may dispose of the real estate in trust upon request of the next party, even if before the end of the trust period:

1. Credit transactions entered into between the preferential beneficiary and the debtor and a guarantee agreement;

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