beta
(영문) 부산지방법원 동부지원 2018.10.17 2018가합101443

소유권확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff agreed to jointly construct and sell the instant land owned by the Plaintiff with F, and divide its profits by jointly constructing and selling G buildings with the size of 6 stories below the 6th, 9 stories above the ground, and 58,704m29m29m2 on the instant land. On February 28, 1995, the Plaintiff agreed to grant a construction permit under the name of the Plaintiff from the Nam-gu Busan Metropolitan City head of the Nam-gu Busan Metropolitan Government (hereinafter “instant building permit

(2) Around January 1997, the Plaintiff entered into an agreement with F to change the construction design of the instant land to a K building of the size of 6th, 18th, 78, 388.5 square meters, and to develop it by changing the construction design of the instant land to a K building of the size of 6th, 18th, 78, 388.5 square meters, and after entering into an agreement to divide the cost-bearing and development gains and other rights and obligations of the said building into the sales contract and the sales contract into the down payment and intermediate payment. However, around January 1, 1997, the said construction was suspended due to the nonperformance of H Co., Ltd. (hereinafter the “trust”). The Plaintiff completed the registration of ownership transfer on the instant land.

3) Accordingly, as between the trust company on February 27, 1997 and the trust company, F has entrusted the instant land to the trust company and newly constructed and sold the instant building on the instant land, and the first beneficiary has concluded a trust agreement for the sale-type land that allows the beneficiary to be changed to a third party with the F’s consent. On February 28, 1997, the trust company completed the registration of ownership transfer and trust in the name of the trust company on the instant land. 4) On February 28, 1997, on the part of the trust company, F would resume the construction of “K” building on a contract basis for construction work on the instant land and undertake the design change permission procedure.

A trust company shall be required for the procedure of May 23, 1997.