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(영문) 서울중앙지방법원 2015.09.08 2014나66993
건물명도 등
Text

1. The plaintiff's conjunctive claim that was added at the trial is dismissed.

2. The plaintiff's appeal is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff (1) held the ownership of the instant building and the ownership of 334.9 square meters in Jung-gu Seoul Special Metropolitan City (hereinafter “D site”) as part of the site, 32/34.9 square meters.

A school juristic person F (hereinafter referred to as “F”) has ownership of 297/334.9 shares of D site and 520.7 square meters in Jung-gu Seoul Special Metropolitan City E, a part of the instant building site (hereinafter referred to as “E site”), and the D site.

At the time of the F Chairperson, the representative director G et al. and seven others shared the remainder of 5.9/334.9 shares of D site.

(2) On October 8, 2007, Plaintiff, F, and G entered into a joint agreement with Vienex Co., Ltd. (hereinafter “Nenex”), and the Plaintiff, F, and G agreed to carry out the business of constructing a hotel on each of the instant sites after removing the instant building.

(3) On December 6, 2007, F and the Plaintiff completed the registration of ownership transfer for reasons of sale on October 10, 2007, with respect to the respective shares of D site and F’s E site.

B. The trust (1) of the instant building, etc. (hereinafter “NTT”) and the Plaintiff agreed to borrow KRW 12,600,000 from Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Seoul Mutual Savings Bank, and Seoul Mutual Savings Bank (hereinafter “Loan Financial Institutions”) to secure the instant project funds.

(2) On January 11, 2008, 2008, Vientex and the Plaintiff concluded a contract between the International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) and the Plaintiff, setting the lending financial institution as the first priority beneficiary, and trust the instant building, etc. (hereinafter “instant trust contract”).

(3) The content pertaining to the use and profit-making of the instant building under the instant trust agreement is as follows.

“A” is the Plaintiff and B.

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