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(영문) 춘천지방법원원주지원 2015.05.28 2015가합5176
소유권말소등기
Text

1. The defendant, on April 28, 2014, filed with the plaintiff A ad hoc District Court for each real estate listed in the separate sheet No. 1 list.

Reasons

1. Facts of recognition;

A. On December 7, 2011, Plaintiff A entered into a sales contract on each of the real estate listed in the attached Tables 1 and 2, which was owned by the summary farming association corporation (hereinafter “instant apartment”) with the summary farming association corporation, and completed the registration of ownership transfer in the name of Plaintiff A on December 15, 201.

In addition, on March 7, 2013, Plaintiff B (the representative director is Plaintiff A; hereinafter “Plaintiff B”) entered into a sales contract with Plaintiff A for each real estate listed in the separate sheet No. 2, and completed the registration of ownership transfer in the name of Plaintiff B on March 19, 2013.

B. On April 23, 2014, the Defendant entered into a trust agreement with the Plaintiff on each real estate listed in the separate sheet No. 1, which was owned by the Plaintiff A (the beneficiary is the Plaintiff A), and completed each registration of ownership transfer listed in the separate sheet No. 1, which was made on April 28, 2014. On May 13, 2014, the Defendant entered into a trust agreement with the Plaintiff B on each real estate listed in the separate sheet No. 2, which was owned by the Plaintiff B (the beneficiary is the Plaintiff B), and completed each registration of ownership transfer listed in the separate sheet No. 2, on the same day.

Each of the above trust contracts is concluded for the purpose of managing the truster and beneficiary after completion of remodeling works and construction works for the trusted real estate, and the trust property is leased or disposed of to pay to the beneficiary the balance after deducting taxes, public charges, repair charges, management personnel expenses, and all other expenses incurred in handling the affairs from the proceeds accruing from the lease or disposal of the trust

C. Meanwhile, on May 8, 2014, the Plaintiffs and the Defendant drafted a detailed implementation plan and agreement with respect to each of the above trust contracts. Of them, the contents of the instant apartment are to be completed by the Defendant, etc. until the end of July 2014 with respect to the instant apartment, and the relevant contents of the instant apartment are to be completed for remodeling construction and approval for use, and the instant apartment site owner, a beer corporation, who is the owner of the instant apartment site, obtained a loan of KRW 3.9 billion from the bank right after

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