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(영문) 서울중앙지방법원 2015.10.16 2014가단5106963
건물인도청구
Text

1. The defendant shall deliver attached real estate to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter referred to as the “instant redevelopment project”) implemented the “E District Urban Redevelopment Project” (hereinafter referred to as the “instant redevelopment project”) which newly constructs a D with the size of the 7th and 20th above ground level on the parcel outside Jongno-gu Seoul and one parcel (hereinafter referred to as “D”).

B. On October 31, 2003, the Military Mutual Aid Association leased KRW 135 billion to B as business funds for the instant redevelopment project, including D’s construction, and entered into a business agreement with B with the content that the Military Mutual Aid Association would receive the principal and interest of the loan and the business income of KRW 35 billion in return for the lending from B (hereinafter “instant business agreement”).

After that, on January 11, 2008, the instant business agreement was partially amended by agreement.

C. On November 20, 2003, the Plaintiff entered into a trust agreement between B and B with the purport that B shall trust all the project site of the instant redevelopment project and the ground buildings to be constructed in the future to the Plaintiff, but the Military Mutual Aid Association shall be designated as the priority beneficiary of trust principal and trust proceeds (hereinafter “the first trust agreement”).

On the other hand, on April 28, 2004, B entered into a fund management agency contract (hereinafter “instant agency contract”) with the Plaintiff and the Military Mutual-Aid Association to determine detailed matters not stipulated in the business agreement regarding the management of the sales price of D.

E. A new building was completed on July 27, 2007 and approved by the competent authorities, but at the time B did not pay the amount equivalent to KRW 17.5 billion out of the profits under the instant business agreement with respect to the Military Mutual Aid Association.

B In order to secure the remaining debts to the Military Mutual Aid Association, B entered into a trust agreement on September 17, 2007 with respect to 39 units, including attached real estate, (hereinafter “the second trust agreement of this case”) and entered into a trust agreement on September 28, 2007.

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