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(영문) 서울중앙지방법원 2016.11.09 2016가합503508

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2012, the Plaintiff is a business that constructs a 4-story underground and a 18-story complex building on the ground of 2325-7 square meters which is linked with the Defendant and Jeju-si (hereinafter “instant business”). The Plaintiff is a business that constructs a 4-story underground and a 18-story complex building on the ground.

(i)the above land and buildings are the subject matter of trust and the priority beneficiary shall be the Korea Development Bank and the Korea Development Bank and the Korea Development Bank and the Korea Comprehensive Construction Corporation (hereinafter referred to as the “Korea Comprehensive Construction Corporation”).

) Management-type land trust contract (hereinafter “instant trust contract”) with the terms and conditions set forth therein.

2) Of the instant trust agreement, the part relating to the instant case is as follows.

Article 22 (Bearing of Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the truster (or the beneficiary if the beneficiary is designated separately):

1. Taxes, public charges, registration expenses, and trust fees for real estate in trust. (2) A trustee shall pay the expenses under paragraph (1) from the trust property, and shall pay the amount received from the truster or the contractor, if it is impossible to pay them;

Article 23 (Management and Execution of Funds) A trustee shall conduct the management and execution of funds, such as sales revenues, etc.

Article 35 (Tax Affairs, Accounting, etc.) (3) A truster shall report and pay the value-added tax related to the disposal of trust property, and the payment shall apply mutatis mutandis to the burden of expenses under Article 22.

3) On November 25, 2014, Han Daily Construction completed the instant building on or around August 25, 2015, and around August 2015, sales of the instant building was completed. (b) On February 26, 2014, Lone Star Co., Ltd. (hereinafter “Lone Star Co., Ltd”) filed a lawsuit against the Plaintiff, the Defendant, etc. claiming ownership transfer registration ( Jeju District Court Decision 2014Gahap523), against the Plaintiff, etc. on the pertinent Jeju-si 2325-7 large 2,575.2 square meters between the Plaintiff and the Defendant, etc. on February 26, 2014. The said court dismissed the Plaintiff’s claim on September 18, 2014.

2) Lone Star is dissatisfied with the above judgment and filed an appeal (the Mine High Court ( Jeju High Court) 2014Na910, but the above court did not err by misapprehending the legal principles on the appeal.