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(영문) 서울고등법원 2015.02.11 2013나41044
신탁등기말소등
Text

1. Of the judgment of the court of first instance, the plaintiff's rehabilitation claim against the rehabilitation debtor tri-company is below.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is the “new apartment construction project in Sincheon-dong 83-1, Sincheon-dong 83-1” (hereinafter “new construction project in this case”), and the newly constructed apartment is the “instant apartment”.

(2) Defendant Samsung was the contractor of the instant apartment complex, and it was the company that acquired the status of the implementer of the instant new construction project from the Plaintiff.

3) The Defendant International Trust is a trust company that entered into a trust agreement with the Plaintiff and the Defendant Exchange Company on the land, etc. for which the instant new construction project is being conducted. B. The Plaintiff obtained the approval of the new construction project of this case and the conclusion of the land trust agreement of this case) on June 30, 2006 from the Si Reconstruction Market for the construction project of this case.

(2) On June 30, 2009, the Plaintiff entered into an agreement with the Plaintiff on June 30, 2009 that the Plaintiff transferred the Plaintiff’s status as executor with respect to the new construction project of this case, and entered into the said land trust agreement with the Plaintiff at the same time, the Plaintiff entered into an agreement with the Plaintiff on August 30, 200 that the Plaintiff and the Defendant three-party exchange companies are obligated to terminate the trust of all beneficial owners and to cancel the registration of trust with respect to the real estate listed in the attached real estate list. (3) On August 6, 2009, the Plaintiff and the Defendant three-party exchange companies entered into the agreement on June 30, 2009. This agreement does not include the land listed in the attached real estate list as the object of the land trust, not include the Plaintiff’s right to use at will without ownership and any limit, and not link it with the new construction project of this case. (2) The above land should be returned to the Plaintiff after completion of the project.

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