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(영문) 서울중앙지방법원 2013.02.01 2011가합81447
부당이득금반환 등
Text

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

2. The plaintiff's defendant A and the defendant B

Reasons

1. Basic facts

A. A. On September 23, 1974, Hann Entertainment Co., Ltd. (hereinafter “Bansan Tourism Co., Ltd.”) acquired and owned each ownership of Jongno-gu Seoul Metropolitan Government D D-2,17.4m2m2 and F-458m2m2m2 (hereinafter the above three lots of land “each of the instant lands”) on the following grounds: (a) on October 22, 1997, acquired and sold a new building on each of the instant lands for the purpose of distributing proceeds from sale; (b) concluded a trust agreement on each of the instant lands with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on December 24, 1996 on each of the instant lands (hereinafter “Korea Land Trust”) on each of the instant lands; and (c) concluded a trust agreement on each of the instant lands on May 14, 1997, May 21, 198; and (d) on each of the instant land for the purpose of distributing proceeds from sale.

B. The New Entertainment completed the registration of ownership transfer on October 25, 200 with respect to each of the instant lands on the ground of the attribution of trust property, and on October 26, 2000, transferred each of the instant lands to the Korea Land Trust on the ground of trust.

C. The New Entertainment newly built the 7th floor of steel-frame reinforced concrete structure roof underground, the 15th floor sales facilities, and the 683 households of amusement facilities G building on the ground of each of the instant lands, and entered into a trust agreement with the Korea Land Trust on November 7, 2000, and completed the registration of initial ownership on November 16, 200, each of the above buildings partitioned into a trust agreement, and the Korea Land Trust completed the registration of initial ownership on November 21, 200, from the trust agreement on each of the above sections on each of the above sections.

After completing each registration of transfer of ownership as above, the Korea Land Trust has recruited the number of buyers of each partitioned building, and as to each partitioned building, New Entertainment, Korea Land Trust, and Korea.

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