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(영문) 서울중앙지방법원 2011.09.01 2010가합53612
수익금지급 등
Text

1. The part of the plaintiffs' first preliminary claim and the second preliminary claim are based on the plaintiffs' first preliminary claim.

Reasons

1. Basic facts

A. During the period from April 25, 2001 to December 19, 2001, the construction company, Green Construction Co., Ltd., and the Plaintiff Southern Development Co., Ltd., Ltd. (hereinafter “Plaintiff East Development”) obtained approval of the joint housing construction plan from the head of Ulsan Metropolitan City north-gu, Ulsan Metropolitan City with respect to the construction of four apartment complexes (hereinafter “instant apartment complex”) with the name of “A” (hereinafter “instant apartment complex”) (hereinafter “instant project”) on each land listed in the separate sheet No. 2 (hereinafter “instant land”).

Plaintiff

On July 201, 2001, the name water construction company (hereinafter referred to as the "Plaintiff water construction company") obtained the transfer of the right to purchase and sell the instant apartment from the Young Construction Co., Ltd., and obtained the approval of the modification of the housing construction plan from the head of Ulsan Metropolitan City North Korea on January 11, 2002 by changing the project entity from the head of Ulsan Metropolitan City North Korea to the name water construction of Plaintiff water.

B. On January 18, 2002, the Plaintiffs concluded a trust contract for leased-type and parcelling-out-out-type land. The Plaintiffs are the instant land and apartment (hereinafter collectively referred to as “trust real estate”) after the Defendant entrusted the instant land to the Defendant and newly constructing the instant apartment.

(2) On February 7, 2002, the Defendant entered into a housing construction project plan with the head of Ulsan-gu, Ulsan-gu, Seoul-do, with the intent of leasing, managing, and operating the instant apartment as trust property. The Defendant obtained the approval of the alteration of the housing construction project plan with the purport of changing the project owner to the Defendant from the Plaintiffs pursuant to the above rental-type land trust contract. 2) After which the Plaintiffs rescinded the agreement with the Defendant on the cancellation of the above rental-type land trust contract, the purpose is to trust the instant land between the Defendant and the Defendant on October 13, 2002, and to newly construct the instant apartment and sell, as trust property, the trusted real estate as trust property.

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