소유권이전등기
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. Facts of recognition;
A. Co-Defendant Hamere Construction Co-Defendant Hamere Construction Co., Ltd. in the first instance trial (hereinafter “Memere Construction Co., Ltd.”) is a corporation with the main purpose of building construction business and sales business, which is an executory company and sales company of the Jongno-gu Seoul Metropolitan Government and one parcel D buildings (hereinafter “D buildings”), and the Defendant is a corporation with the main purpose of trust, etc. of real estate-related rights, which is a trust company entrusted with each of the real estate listed in the attached
B. On October 31, 2003, Rotterdam concluded a trust agreement with the Military Mutual Aid Association to the effect that it borrowed KRW 135 billion from the business fund for the construction project of Rotterdam and in return, it shall pay the principal and interest of the loan as well as the business profit of KRW 35 billion (hereinafter “instant business agreement”). On November 20, 2003, on the part of the Defendant, it concluded a trust agreement with the Defendant on November 20, 2003 between the Defendant and the Defendant to trust all the project site of D building and the ground buildings to be constructed in the future to the Defendant and to determine the Military Mutual Aid Association as the first beneficiary of this trust (hereinafter “instant first trust agreement”).
C. On September 28, 2007, Memermeral completed each registration of preservation of ownership of D buildings including the real estate listed in the separate sheet. On September 17, 2007, Memeralian concluded a trust contract for D buildings including 130-1, a real estate listed in the separate sheet No. 130-2, and 130-2, a real estate listed in the separate sheet No. 2, with the Defendant (hereinafter “the second trust contract of this case”). On September 28, 2007, Memeral completed each registration of transfer of ownership based on the second trust contract of this case.
Meanwhile, on February 4, 2008, the plaintiffs purchased No. 117-1 of D building from Memera to Memera, and completed the registration of transfer of ownership by 1/2 shares each.
After that, the plaintiffs between Memera on July 31, 2008 and Memera on July 31, 2008, the plaintiffs 1 real estate and 1/2 shares in the attached Form No. 1/17-1-2, and the plaintiff 2 shares in the attached Form No. 117-1-2.