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(영문) 서울중앙지방법원 2015.12.02 2013나18317
부당이득금반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. We concluded a land trust agreement with the Korea Land Trust Co., Ltd. (hereinafter referred to as the “Korea Land Trust”) on December 24, 1996 and to sell a commercial building on the instant land on December 24, 1996, with respect to the land of Jongno-gu Seoul Jongno-gu Seoul J Land on December 24, 1996, the registration of the transfer of ownership in the name of the Korea Land Trust in the name of the Korea Land Trust (hereinafter referred to as the “Korea Land Trust”) was completed on October 22, 1997, with respect to the land of Jongno-gu SeoulJ on December 24, 1996, and the registration of the transfer of ownership in the name of the Korea Land Trust.

After that, on October 25, 2000, the ownership transfer registration for the whole land of this case was completed on the ground of the reversion of trust property in the name of New Technology, and on October 26, 2000, the ownership transfer registration for the reason of the trust contract was completed again in the name of the Korea Land Trust.

B. According to the above trust agreement, the Korea Land Trust selected a construction company and had it construct the building (Article 3(1)), and may appropriate funds necessary for the construction of the building as trust property, or may borrow funds from the trust property at the expense of Han New Technology and the beneficiary (Article 4(1)). Upon the termination of the trust, the Korea Land Trust made it possible to vest the trust real estate, including the newly constructed building, in the first beneficiary, in the New Technology Trust.

(Article 24 subparag. 3) Accordingly, on July 14, 1997, Korea Land Trust was granted a building permit by designating Korea Land Trust as a building owner, and upon entering into a new construction project contract with a construction company, the construction company constructed a building of the size of 7th underground and 15th above ground (total 683 households; hereinafter “instant building”).

C. On February 27, 200, the construction of the roof slab bars of the instant building was completed, and the Korea Land Trust changed the name of the owner of the instant building in the name of the building on October 28, 2000, and accordingly.

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