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(영문) 서울중앙지방법원 2013.04.19 2012가합23639
부당이득금반환 등
Text

1. The plaintiff's primary claims against defendant D and E are dismissed.

2. The plaintiff's defendant A, B, and C

Reasons

1. Facts of recognition;

A. 1) The New Entertainment Co., Ltd. (former trade name before the modification: Namyang Tourism Co., Ltd.; hereinafter referred to as “baman”)

Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”)

B) Between Jongno-gu Seoul, Jongno-gu, Seoul 2,17.4 square meters, G 178.2 square meters and H 458.2 square meters (hereinafter collectively referred to as “instant land”).

(A) On the ground, the title “I” is the 7th underground floor and the 15th aggregate building (total of 683 households; hereinafter “instant building”).

(2) On October 16, 2007, the registration of ownership transfer was completed in the name of each Korean land trust on the land of Jongno-gu Seoul Metropolitan Government on the ground of the above trust agreement, and on October 22, 1997 on the land of this case, the registration of ownership transfer was completed in the name of each Korean land trust on the land of this case. Since October 25, 2000 on the land of this case, the registration of ownership transfer was completed on October 26, 2000 under the name of another Korean land trust on the following day under the name of another Korea land trust. (2) The registration of ownership transfer was completed on October 26, 200 under the name of another Korea land trust on the ground that each of the instant building of this case was approved for use on November 6, 200, and completed the registration of ownership transfer under the name of each Korea land trust on the ground of the trust agreement of this case on October 10, 200.

3) After completing the registration of ownership transfer as above, the Korea Land Trust: (a) recruited the buyers of each partitioned building; (b) concluded a three-party sales contract between the buyer and New Entertainment, the Korea Land Trust, and the buyer; (c) Article 5 of the above sales contract provides for the right to use the land for the partitioned building with the following contents; and (d) the sales price of the partitioned building as provided in Article 2 of the above sales contract for the instant land for the 40-year period (as for the sales price of the partitioned building) of the instant land.

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