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(영문) 서울고등법원 2011.10.12 2010나21971

소유권말소등기

Text

1. The plaintiffs, as stated in [Attachment 1] List 32 to 36, 38 to 44, are defendant corporation.

Reasons

1. Following the facts:

(a)bee;

(e)each of the facts described may be admitted by adding to the whole purport of the pleadings the respective entries in Gap evidence 1 to 6, evidence 22 (including each number), Eul evidence 1 and 2.

On June 25, 2004, the Korea Land Trust Co., Ltd. entered into a land trust contract with E, a company for sale-type land, and newly built a "N" building, an aggregate building for business sales, neighboring life and sports facilities, on the F of Jung-gu, Seoyang-gu.

On December 28, 2006, when the said construction was in progress, Defendant Democratic Industry Development purchased the commercial facilities (hereinafter “instant building”) from the first to third floor above the ground among the above “N” buildings (hereinafter “instant building”) from Korea Land Trust Co., Ltd. and acquired the right of sale execution.

B. On January 8, 2007, Defendant Democratic Industry Development entered into a contract on the management of funds such as sales revenue with Defendant KB real estate trust, Seoul Asset Management Co., Ltd., a financial institution, etc., which is a fund manager in relation to the sales business of the instant building. On September 20, 2007, Defendant KB real estate trust and each section of exclusive ownership and site ownership of the instant building were subject to a real estate security trust agreement.

C. From July 2007, Defendant Democratic Industry Development is designated as a sales facility among the stores located on Defendant A and the second floor of the instant building (No. 2165 to 2173-9 rooms), with respect to “A” portion of “A” (No. 2153 to 2157) of the attached Form No. 1, which is designated as a general restaurant among the stores located on Defendant B and the second floor of the instant building, around August 10, 2007, as to “B” (No. 2153 to 2157 rooms) designated as a cosmetic and a mar, from among the stores located on the second floor of the instant building, around May 207.