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(영문) 서울고등법원 2016.03.18 2013나34367
부당이득금반환 등
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

1..

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole on the statements in Gap evidence 1-1-3, evidence 1-2-1-4, evidence 4-1-2, evidence 5-8, evidence 10-1-4, evidence 10, Eul evidence 1, 2-7, and evidence 3-1-3 of evidence 3.

1) As to the construction of the instant aggregate building, Native Entertainment Co., Ltd. (the trade name before the alteration: Namyang Tourism Co., Ltd.; hereinafter “FID”)

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

B) Between Jongno-gu Seoul, Jongno-gu 2,17.4 square meters, G 178.2 square meters, and H 458.2 square meters (hereinafter “instant land”), the entire site is “the instant land”.

(1) On the ground, the title “I” was 7 underground floors and 15th aggregate buildings (total of 683 households; hereinafter “instant aggregate buildings”).

2) The instant trust agreement with the purport to newly construct and sell a new land trust agreement (hereinafter “instant trust agreement”).

In the instant trust agreement, the key contents relevant to the instant case are as follows. Article 3 (Construction of Buildings) ① Korea Land Trust is selected by the Korea Land Trust Company (hereinafter “Construction Company”).

(2) The Korea Land Trust may, upon the recommendation of the New Entertainment, consult with the Intellectual Property Management on the contract amount, the method of payment, the period of construction and other important matters of the contract for the construction work as referred to in paragraph (1). Article 4 (Self-Loan ① The Korea Land Trust may appropriate funds necessary for the construction of the building and the performance of trust work as trust property, or borrow funds at the expense of the New Technology Management and the beneficiary.

In this case, the loan is different from the loan made in the name of the New Entertainment or the Korea Land Trust, the loan made in the name of the Korea Land Trust and the loan made in the name of the Korea Land Trust and the Korea Land Trust.

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