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(영문) 서울중앙지방법원 2016.06.02 2015가합9221
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The ownership relationship between the building and the site 1) Plaintiff (the former trade name is “B” corporation)

3) The building of Jung-gu Seoul, Jung-gu and D ground (hereinafter “instant building”).

(C) The Jung-gu Seoul, Jung-gu, Seoul (hereinafter referred to as “C site”) and part of its site, 334.9 square meters.

(E) held 32/334.9 shares. School Foundation E (hereinafter referred to as “E”)

A) The share of C site 297/334.9, and the share of DJ 520.7 square meters in Jung-gu Seoul, Jung-gu, Seoul (hereinafter “D site”), part of the instant building site, are “each of the instant sites” and “each of the instant sites”.

(2) On October 8, 2007, the Plaintiff, E, and F shared the rest of 5.9/334.9 shares in C’s land. The Plaintiff, E, and F entered into a joint agreement with Vienxex Co., Ltd. (hereinafter “Nenx”) on a October 8, 2007, and the Plaintiff, E, and F agreed to carry out the business of constructing a hotel on each of the instant land after removing the instant building.

3) On December 6, 2007, the Plaintiff and E completed the registration of ownership transfer on the respective shares in C site and E’s D site. (B) In order to secure the project funds of the instant case, the Vienex offered the instant building and each of the instant sites as security and obtained loans from the Mutual Savings Banks, Seoul Mutual Savings Banks, and Samsung Mutual Savings Banks (hereinafter “Loan Financial Institutions”) to each of the instant savings banks.

2) As between the Plaintiff and the Defendant on January 11, 2008, the Plaintiff and the VienTex shall be a trust agreement between the Plaintiff and the Defendant on each of the instant building and the instant site, under which the truster, the Defendant, the trustee, and the lending financial institution as the first priority beneficiary (hereinafter “instant trust agreement”).

The building of this case was concluded with the defendant on the same day.

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