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(영문) 서울중앙지방법원 2016.07.14 2015가합18515
소유권이전등기 등
Text

1. Defendant Muar Construction Co., Ltd. shall on May 19, 2004 with respect to the real estate stated in the attached Table 1 list to the Plaintiff.

Reasons

1. Basic facts

A. The party’s relevant defendant Memer Construction Co., Ltd. (hereinafter “Defendant Memer”) is a corporation mainly engaged in building construction business and sales business, etc., and is an executor and selling company of Jongno-gu Seoul Metropolitan Government and one parcel C (hereinafter “C”), and the Plaintiff is a buyer who purchased real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), a partitioned building of Memeras from Memeras, and the land trust company of the Defendant Memer (hereinafter “Defendant Memer”) is a trust company entrusted with the instant real estate from Memeras, which is a corporation with the main purpose of trust, etc. of real estate-related rights.

B. On October 31, 2003, the Defendant Military Mutual Aid Association (hereinafter “Defendant Military Mutual Aid Association”) concluded the instant business agreement and the instant first trust agreement, and the Defendant Military Mutual Aid Association (hereinafter “instant redevelopment project”) performed the downtown redevelopment project in Seoul Jongno-gu and 78 lots of ground, including the construction of Defendant D with Defendant Dmera on October 31, 2003 (hereinafter “instant redevelopment project”).

(1) A business agreement which provides that the principal and interest of the loan and the business profit of KRW 35 billion shall be paid in return for the lending of KRW 135 billion from the business fund for the purpose of this case (hereinafter “instant business agreement”).

(2) On November 20, 2003, Defendant Dmera signed a trust agreement with Defendant Daehan on November 20, 2003 with a real estate trust, under which Defendant Dmera entrusted all of the project sites of the instant redevelopment project and the ground buildings to be constructed in the future with the land trust with Defendant Dmera, and the trust agreement with the purport that Defendant Dmera shall set the Korea Military Mutual-Aid Association as the priority beneficiary of trust principal and trust proceeds (hereinafter “instant first trust agreement”).

2) The main contents of the instant project agreement are as follows.

Article 3 (Lease Amount and Terms and Conditions) ① (Defendant Military Mutual Aid Association) "A" (hereinafter "Defendant Meather Mutual Aid Association") shall be equivalent to KRW 135 billion to "B" (Defendant Meather) for the smooth promotion of the project.

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