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(영문) 부산지방법원 2015.02.06 2014구합21050
건축허가취소청구거부처분취소
Text

1. The Defendant’s rejection disposition against the Plaintiff on May 9, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. The Defendant joining the Defendant agreed to jointly construct and sell a DNA building with the 6th underground floor, the 9th floor, the total floor area of 58,704.29 square meters on the ground of the 6th floor, the 9th ground, the 58,704.29 square meters, which is owned by the Defendant joining the Defendant (hereinafter “instant building permit”) with the name of the Defendant joining the Defendant and divide the profits therefrom. On February 28, 1995, the Defendant entering into a contract for a new construction work to E, a corporation run by obtaining a building permit under the name of the Defendant joining the Defendant (hereinafter “instant building permit”) with the head of the Nam-gu Busan Metropolitan City, Busan Metropolitan City, which was operated by the Defendant joining the Defendant, with the commencement of sale through Godo, and received approximately KRW 3.7 billion in total as the down payment and the intermediate payment, but the said construction work was suspended due to the bankruptcy of E Co., Ltd. around January

Around January 197, the Intervenor joining the Defendant agreed to develop the building originally planned on the instant land in trust with the Korea Real Estate Trust Co., Ltd. (hereinafter “trust company”) by changing the construction design into a F building with a size of 6 underground floors, 18 floors above ground and 7,845.31 square meters below (hereinafter “instant building”). Around January 1997, the Intervenor joining the Defendant agreed to divide the cost burden and the development gains against rights and obligations, and completed the registration of ownership transfer with respect to the instant land in trust agreement, etc., and C in the future for convenience.

Accordingly, C, on February 27, 1997, entrusted the instant land with the trust company, newly constructed and sold the instant building on the instant land by the trust company, and the first beneficiary entered into a sale-type land trust contract (hereinafter “instant trust contract”) which allows the change of the beneficiary to a third party with C’s consent. On February 28, 1997, C completed the registration of transfer of ownership and trust in the name of the trust company on the instant land.

A trust company shall be a corporation E on February 28, 1997.

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