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(영문) 의정부지방법원 고양지원 2017.03.08 2016가합74166
소유권말소등기
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant is the Goyang District Court's High Court's High Court's High Court.

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff entered into a contract to sell part of 930 square meters for KRW 2,055,550,000 (hereinafter referred to as “instant sales contract”) among the three parcels of Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, Incheon Metropolitan City, E-U. 655 square meters, F-U. 1,351 square meters, G forest land 2,452 square meters, which are owned by the Plaintiff, with C, and received KRW 400,000,000 won in total from C on August 7, 2015 and the intermediate payment of KRW 20,000,000 from September 7, 2015.

B. On November 20, 2015, in the area of F-source 1,351 square meters in Seoyang-si, Seoyang-si, the F-gun 1,851 square meters was divided into KRW 180 square meters in H-water sources, KRW 366 square meters in I-water sources, and KRW 427 square meters in J-water sources. On November 20, 2015, in the area of KRW 2,452 square meters in Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, the area was divided into KRW 737 square meters in K-land, KRW 696 square meters in L-water, KRW 409 square meters in M-land, and KRW 172 square meters in N-water, respectively.

C. On June 7, 2016, the Plaintiff entered into a trust agreement (hereinafter “instant trust agreement”) with the Defendant on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed each of the instant real estate registration as the receipt No. 76121 on June 8, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff and the Defendant concluded the instant trust agreement on June 7, 2016, and the Defendant completed the registration of ownership transfer with respect to each of the instant real estate in accordance with the instant trust agreement, as seen earlier. In full view of the overall purport of the pleadings as to each of the items in Gap evidence Nos. 2-1 through 10, and Gap evidence Nos. 4-5 through 11, while entering into the instant trust agreement, the Plaintiff and the Defendant shall enter into the instant trust agreement for three years from the date of the contract (Article 5(1) of the Trust Agreement), and the truster (Plaintiff) may terminate the trust agreement independently at any time (Article 6 of the Trust Clause), and the trust agreement for this case shall expire or terminate at any time.

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