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1. The plaintiffs' case real estate trust companies added to the judgment of the court after remand were remanded.
Reasons
1. Basic facts
A. On June 25, 2004, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entered into a land trust agreement with E Co., Ltd. (hereinafter “E”) on sale-type land and implemented a new construction of a “N” building, which is an aggregate building for business sales, neighborhood life and sports facilities, on the F of Il-dong-gu, Busan Metropolitan City.
On December 28, 2006, when the said construction was in progress, the Democratic Industrial Development obtained the commercial facilities (hereinafter “instant building”) from the first floor to third floor above the ground from the Korean Land Trust (hereinafter “N”) and acquired the right to sell in lots by raising the project financing from the lender, such as Seoul Asset Management Co., Ltd. (hereinafter “Seoul Asset Management”).
B. Around January 8, 2007, democratic industrial development entered into a contract with Defendant KB real estate trust, Seoul Asset Management Corporation, a financial institution, etc. on the management of funds, such as sales revenue, with respect to the sales business of the instant building. On September 20, 2007, Defendant KB real estate trust and each section of exclusive ownership and site ownership of the instant building were subject to a real estate security trust agreement.
C. From July 2007, the Democratic Industry Development entered into a contract on July 1, 2007 with respect to the part of “A” (No. 2165 to 2173) of the annexed drawing 1, which is designated as a sales facility among the stores located on Defendant A and the second floor of the building of this case, with respect to the “B” (No. 2153 to 2157-5 rooms) of the annexed drawing 1, which is designated as a general restaurant among the stores located on Defendant B and the second floor of the building of this case, and on August 10, 207, with respect to the “B” of the annexed drawing 2, which is designated as a general restaurant among the stores located on Defendant B and the first floor of the building of this case (No. 2170 to B178,B18, 180 to 1218-2, 181).
The above "A", "B", and "B" are as follows.