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(영문) 서울중앙지방법원 2019.08.23 2016가합560006

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Of the litigation costs, the Plaintiff and Jongno-gu.

Reasons

Basic Facts

1) Trust registration, etc. of each of the instant lands 1) E Co., Ltd. (hereinafter “E”).

on December 24, 1996, F Co., Ltd. (hereinafter “F”)

(A) The land of this case and the Jongno-gu Seoul Metropolitan Government 2,17.4m2m2, H 178.2m2m2, I large 458m2m2, each of the instant land (hereinafter “each of the instant land”).

3) On the ground, the term “J” is an aggregate building (ground 7 floors, 15 floors above ground, total of 682 households, hereinafter “instant building”).

2) The instant trust agreement with the purport to newly construct and sell a new land trust agreement (hereinafter “instant trust agreement”).

A) Around that time, F completed the registration of ownership transfer based on the instant trust agreement with F. (2) Article 1(2) of the instant trust agreement provides that “The purpose of this trust is to construct the instant building on each land of this case and sell the land and buildings in lots by making them the trust property.”

3) As a truster, “E” is a consignee and seller, from August 1997 to July 1998, which was the date of completion of the instant building, and “F entered into a contract for sale in lots with several buyers on some sections of the instant building. 4) F, upon obtaining a construction permit on July 14, 1997 and completing a new construction of the instant building through a construction work, etc., and completed a roof slab bars construction on February 27, 200, and completed the registration of ownership transfer on October 25, 200 for each of the instant land on the ground of reversion of trust property.

5) On October 26, 200, E completed the registration of ownership transfer for each of the instant lands to F, and on October 28, 2000, changed the name of the building owner for the instant building from F to E. On November 6, 200, E obtained approval for use of the instant building on November 16, 200, each of the instant sections of the instant building (hereinafter “each of the instant sections”).

(6) E is final between F and F on June 18, 2002 as to each of the instant lands and the instant buildings.