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(영문) 서울중앙지방법원 2012.11.23 2011가합81409
부당이득금반환 등
Text

1. The plaintiff's main claim against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant A and his claim.

Reasons

1. Basic facts

A. New Entertainment (former trade name before the modification: Namyang Tourism Co., Ltd.; hereinafter referred to as “baman”)

2) The Plaintiff’s land trust and Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government 2,17.4 square meters, D 178.2 square meters, and E large 458.2 square meters (hereinafter “instant land”).

(B) On the ground, the title of “F” is 7 underground floors and 15th aggregate buildings (total of 683 households; hereinafter “instant buildings”).

(2) On October 16, 2000, on October 26, 2000, the registration of ownership transfer was completed in the name of land trust in the name of the Republic of Korea on the land of Jongno-gu Seoul on the ground of the above trust contract, and on D and E on October 22, 1997, on the land of this case, the registration of ownership transfer was completed in the name of the land trust in the name of the Republic of Korea on the whole of the above three parcels of land (the land of this case). Since the registration of ownership transfer was completed on October 26, 200, on the following day, the registration of ownership transfer was completed in the name of the land trust in the name of the Republic of Korea on October 26, 200 on the second day under the name of the land trust in the Republic of Korea on the ground of the above trust contract. (2) The registration of ownership transfer was completed in the name of the partitioned building on November 16, 200, and the registration of ownership transfer was made in the name of each piece of land under the trust agreement.

3) After completing the registration of transfer of ownership as above, the Korea Land Trust: (a) recruited the buyers of each partitioned building; and (b) concluded three multilateral contracts for sale among buyers, new Entertainment, Korea Land Trust, and buyer; (c) Article 5 of the above contract for sale provides for the right to use land of a sectioned building with the following contents; and (d) the sale price of a sectioned building as provided in Article 2 is the amount equivalent to about 40 years of the sales price of the instant land.

(2) include any of the following:

§ 5.

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