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(영문) 서울중앙지방법원 2013.06.14 2012가단194794
소유권이전등기
Text

1. As to the 1st real estate listed in the separate sheet to the Plaintiff, Defendant Memera Construction Co., Ltd., the Plaintiff.

Reasons

1. Basic facts

A. Defendant Dmerer Construction Co., Ltd. (hereinafter “Defendant Dmerer”) is a corporation with the main purpose of building construction business and sales business, etc., and Defendant Dmererer Land Trust Co., Ltd. (hereinafter “Defendant Dmerer”) is a corporation with the main purpose of the trust of real estate-related rights.

B. On October 31, 2003, the Military Personnel Association concluded a trust agreement with the Seoul Jongno-gu Seoul Metropolitan Government non-Party 1 D Building (hereinafter “D Building”) to lend KRW 135 billion to the business fund for the construction project of the D Building and to receive the loan principal and interest and the business profit of KRW 35 billion in return (hereinafter “instant business agreement”). On November 20, 201 of the same year, the Military Personnel Association concluded a trust agreement with the Defendant to trust all the project sites and the buildings to be constructed in the future to the land trust with the Defendant and to designate the Military Personnel Mutual Aid Association as the first beneficiary of the said trust (hereinafter “the instant first trust agreement”).

C. On the other hand, on September 28, 2007, Defendant D's Republic of Korea completed the registration of initial ownership of the above D's D', and on September 17, 2007, it concluded a trust contract (hereinafter "the second trust contract of this case") with respect to D's building Nos. 130-1 (hereinafter "attached 1") and D's building Nos. 130-2 (hereinafter "attached 2"), which is the real estate stated in attached Form No. 2, as stated in attached Form No. 1, with the land trust with Defendant D's land trust, and the same year.

9. On 28.28. In the name of the land trust with the Defendant, the registration of ownership transfer based on the instant secondary trust agreement (hereinafter “instant registration of ownership transfer”) was completed.

In this regard, the reason for the registration of the transfer of ownership of this case is the trust contract of November 20, 2003, which was the first trust contract of this case.

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