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(영문) 서울중앙지방법원 2016.01.08 2015가합550149
공매절차이행 청구의 소
Text

1. The defendant is based on the real estate security trust contract dated April 29, 2008 with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On August 11, 2006, the Plaintiff purchased at KRW 9,761,93,600 the real estate listed in the separate sheet (hereinafter “instant real estate”) located within the land transaction permission zone from A, and paid KRW 2,415,560,00 for KRW 6,000 on the date of concluding the contract, and KRW 1,346,373,60 on April 29, 2008, the remainder of KRW 1,346,373,60 on the date of granting the land transaction permission (hereinafter “instant sales contract”) according to the said sales contract, and paid KRW 2,415,560,000 on August 11, 2006 to A for the intermediate payment of KRW 6,00 on April 29, 2008.

B. On April 29, 2008, A entered into a real estate security trust agreement (hereinafter “instant security trust agreement”) with the Defendant on April 29, 2008, which provides that the instant real estate shall be trusted to the Defendant, and that the Plaintiff shall be given priority interest of KRW 12,690,513,680 (i.e., the purchase price of the instant real estate (i., 9,761,93,600) to the Plaintiff. On the same day, A completed the registration of ownership transfer for the instant real estate based on trust to the Defendant.

The main contents of the instant security trust agreement are as follows.

A truster and debtor under a real estate security trust contract: Defendant priority beneficiary: The purpose of this trust is to preserve and manage the trust real estate in order to guarantee the management of ownership of real estate held in the trust and the performance of liabilities or responsibilities owed by the truster, and to liquidate and settle the trust real estate in the event of default.

Article 3 (Trust Period) (1) The period of trust shall be as shown in attached Form 2-1, but the period may be annually collected through consultation between the truster and the trustee before the termination of the trust.

(2) Where a trust real estate is disposed of at the request of the priority beneficiary before the trust period under paragraph (1) expires, this trust shall be deemed terminated when the registration of ownership transfer is completed to each beneficiary.

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