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(영문) 서울중앙지방법원 2012.12.28 2012가합38990
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. We conclude a land trust agreement with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) to newly construct and sell a commercial building on the instant land, and on December 24, 1996 with respect to the land of Jongno-gu Seoul, Jongno-gu, Seoul on December 24, 1996 as to the land of 20 square meters on the same 21-7 square meters and 178.2 square meters and 21-8 large 458 square meters and 458 square meters (hereinafter “the instant land”).

After that, on October 25, 2000, the registration of ownership transfer for the whole land of this case was completed on the grounds of the reversion of trust property in the name of New Technology, and on October 26, 2000 following the date, the registration of ownership transfer was completed on the grounds of the trust contract in the name of the Korea Land Trust.

B. Meanwhile, A New Zealand constructed a building (total of 683 households; hereinafter “instant building”) with 7 underground floors and 15 floors above ground (total of 683 households; hereinafter “instant building”) under the name of “Korean Land Trust on November 21, 2000,” which includes each of the sectional sections listed in the separate sections in the attached list (hereinafter “each of the instant sectional sections”) on the ground of the instant land, and completed registration of the preservation of ownership on November 16, 200, and completed registration of the ownership in the name of D New Zealand on November 21, 200.

(c) Korea Land Trust shall be above:

After completing the registration of ownership transfer as mentioned in paragraph (1), the number of buyers of each partitioned building was recruited, and three multilateral sales contracts were concluded on the partitioned building that has been sold. D.

Article 5 of the above sales contract shall include the following:

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