logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.11.23 2012가합516735
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. New Entertainment (former trade name before the modification: Namyang Tourism Co., Ltd.; hereinafter referred to as “baman”)

) The land trust in Korea and Jongno-gu Seoul, Jongno-gu D Large 2,17.4 square meters, E large 178.2 square meters, and F large 458.2 square meters (hereinafter “instant land”).

(B) On the ground, the title of “G” is 7 underground floors and 15th aggregate buildings (total of 683 households, hereinafter “instant buildings”).

(2) On October 16, 2000, on October 26, 2000, the registration of ownership transfer was completed under the name of the land trust in Korea with respect to the land of Jongno-gu Seoul Metropolitan Government D on the ground of the above trust contract, and on October 22, 1997, E and F on the land of this case. Thereafter, the registration of ownership transfer was completed on October 25, 2000 with respect to the whole land of the above three parcels of land (the land of this case) on the ground of the trust property belonging to the name of the new land trust in Korea on October 26, 200 on the following day, the registration of ownership transfer was completed on the ground of the trust contract in the name of the second Korean land trust in Korea on October 26, 200 on the second day. 2) The registration of ownership transfer was completed in the name of each partitioned building on November 16, 200, and the registration of ownership transfer was completed under the name of the trust in Korea on October 10, 2010.

3) Meanwhile, from August 1997 to June 1999, Korea Land Trust and Bio Entertainment sold part of a partitioned building to buyers by pre-sale of the instant building. Article 5 of the sales contract at the time of the sale contract is as follows. Article 5 (Land Use Right ① is used without re-contract for 40 years from the beginning date of the sales contract of the instant building, and no separate lease contract is concluded.

(2) The right to use the land of this case shall be automatically made according to the free sale by the buyer, who is the owner of a sectioned building.

arrow