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(영문) 서울중앙지방법원 2015.04.17 2013가합504340

양수금

Text

1. As to the plaintiff 565,096,724 won and 85,799,516 won among them, the defendant Ireland et al. shall be decided on December 2007.

Reasons

1. Facts of recognition;

A. New construction of BW and the conclusion of the trust contract of this case 1) The Plaintiff on August 1, 2002, the Defendant Han River Industry Development Co., Ltd. (hereinafter “Ud River Industry Development”).

) Cinemala Co., Ltd. (hereinafter “Cinemala”)

[B] BW shop located in Ansan-si, a member BX (hereinafter referred to as “BW”).

(2) Around 2006, the Plaintiff entrusted the Plaintiff with the ownership of the part corresponding to the standard 25.13% of the total sectional ownership of BW, among the entire sectional ownership of BW, as a payment in lieu of a part of the construction price. (2) around 2006, the Defendant D non-real estate trust company (hereinafter “K non-real estate trust”), among the entire sectional ownership of BW, entrusted the Plaintiff with the remainder, excluding the portion transferred to the Plaintiff as payment in lieu of a payment in lieu of the Plaintiff among the entire sectional ownership of BW.

(hereinafter “instant trust contract”). The instant trust contract consists of “the first real estate management trust contract” and “the first real estate management trust contract”. The main contents of the instant trust contract concerning the lease of real estate under the said trust contract are as follows.

The main contents of the instant trust agreement concerning the lease of real estate in trust [Article 8 (Maintenance and Management of the 1st Real Estate Management Trust Contract] are to preserve only the ownership on the registry of real estate in trust during the trust period, and to perform all the disposal activities, and the use and profit-making and maintenance affairs are to be carried out by the Defendant Han River Industrial Development and the Cineman.

Provided, That the lease business shall be limited to the case where the defendant's non-real estate trust consents in advance, and the lease deposit shall be deposited into the defendant's non-real estate trust.

Article 9 (Lease, etc.) (3) A new lease or sub-lease contract after the conclusion of this trust contract shall be executed by the defendant Han River Industrial Development and Cineman on the condition of prior consent of the defendant K non-real estate trust.