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(영문) 서울중앙지방법원 2016.06.02 2014가합26540

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The ownership relationship between the building and the site 1) Plaintiff (the former trade name is “B” corporation)

3) The building of Jung-gu Seoul, Jung-gu and D ground (hereinafter “instant building”).

(C) The Jung-gu Seoul, Jung-gu, Seoul (hereinafter referred to as “C site”) and part of its site, 334.9 square meters.

(E) held 32/334.9 shares. School Foundation E (hereinafter referred to as “E”)

A) The share of C site 297/334.9, and the share of DJ 520.7 square meters in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “D site”), part of the instant building site, are “each of the instant sites” and “each of the instant sites”.

(2) On October 8, 2007, the Plaintiff, E, and F shared the rest of 5.9/334.9 shares in C’s land. The Plaintiff, E, and F entered into a joint agreement with Vienxex Co., Ltd. (hereinafter “Nenx”) on a October 8, 2007, and the Plaintiff, E, and F agreed to carry out the business of constructing a hotel on each of the instant land after removing the instant building.

3) On December 6, 2007, the Plaintiff and E completed the registration of ownership transfer on the respective shares in C site and E’s D site. B. In order to secure the project funds of the instant case, the UNFCCC concluded a trust contract (i) provided the instant building and each of the instant sites as security and received loans from the Mutual Savings Bank, Seoul Mutual Savings Bank, Seoul Mutual Savings Bank, and Defendant Samsung Mutual Savings Bank (hereinafter collectively referred to as “loan Financial Institution,” and each of the instant savings banks was omitted).

2) The Plaintiff and the Vien Tech are International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) on January 11, 2008.

(1) As to the instant building and each of the instant sites, the Plaintiff and the UNTTT as the trustor, the trustee of international asset trust, and the lending financial institution as the first priority beneficiary (hereinafter referred to as “instant trust”).