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(영문) 서울고등법원 2018.10.25 2017나37340
소유권이전등기 등
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's claim against the defendant G organization added by this court.

Reasons

1. Basic facts

A. 1) E is a company running a building construction business, housing sale business, etc., and one of the “V District Urban Redevelopment Project,” and one of the “V District Urban Redevelopment Project,” the Seoul Jongno-gu Seoul Metropolitan Government H and the same Gu U 6,757.5 square meters above ground, the 7th underground floor and the main complex building of the 20th floor above ground (hereinafter “I building”).

2) The business of constructing and selling commercial buildings, officetels, etc. (hereinafter referred to as “instant business”).

(2) Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company engaging in the business, such as the trust of real estate-related rights, and is a trustee and a trustee of the instant project site and its ground buildings entrusted by E, and is a company managing funds related to the instant project.

3) The Defendant G organization is a corporation established pursuant to the G organization Act for the purpose of establishing an efficient mutual aid system for military personnel and civilian personnel, promoting their livelihood stability and promoting their welfare, and contributing to the improvement of military power of the national armed forces, and is a corporation that lent business funds required for the instant project to E. 4) The Plaintiff is a buyer who purchased real estate listed in the attached list from E (hereinafter “instant real estate”).

B. The instant business agreement, the instant fund management agency agreement, and the instant primary trust agreement 1) E, on October 31, 2003, shall borrow KRW 135 billion from the Defendant G organization with the business fund for the instant business, and the business agreement between E and the Defendant G organization to pay the principal and interest of the loan and the business profit of KRW 35 billion in return (hereinafter “the instant business agreement”).

(2) On November 20, 2003, the Defendants and E trust all the instant project site and the instant ground buildings to be constructed in the future with Defendant F on September 30, 2004, and as the first beneficiary of Defendant G organization, the content of the instant project agreement was changed on March 29, 2005, and January 1, 2008.

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