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(영문) 서울중앙지방법원 2018.10.18 2017가합588759

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the Real Estate Investment Company Act, the Plaintiff is an entrusted management real estate investment company (development interest) established for the purpose of investing in, managing, improving, and disposing of real estate in accordance with the Real Estate Investment Company Act and distributing profits therefrom to its shareholders. The Defendant owned each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”). Meanwhile, the instant real estate was a collateral trust to secure the Defendant’s loan liability amounting to KRW 50.5 billion to several financial institutions. (2) The Defendant, among the instant real estate owned by the Defendant, developed the instant real estate as a housing site a part of the instant real estate site D factory site No. 113,289 square meters (hereinafter “instant site”), and promoted the sale or lease business (hereinafter “instant business”).

3) The Defendant: (a) established the Plaintiff, the business entity of the non-party E (the non-party company, the business entity, i.e., the Plaintiff; (b) sold the instant project site to the Plaintiff, thereby securing the status of the Plaintiff’s largest shareholder; (c) divided the instant project site into the sale housing site and the rental housing site; and (d) transferred the divided housing site and the rental housing site to the above-mentioned rental housing and the real estate fund, and (e) proposed that the rental housing and the real estate fund will carry out each rental housing and the housing unit sales housing unit, and (e) proposed that the rental housing and the real estate fund will carry out each rental housing business and the housing unit sales housing unit.