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(영문) 서울고등법원 2016.11.11 2015나2037465
공탁금출급권확인
Text

1. The judgment of the court of first instance is modified as follows.

On December 31, 2013, the non-party KF real estate trust corporation.

Reasons

기초 사실 당사자들의 지위 원고는 토목건축공사업, 주택건설업, 부동산개발업 등을 목적으로 하는 회사이다.

The defendant is a local public enterprise which has been established in accordance with the Ordinance on the Establishment and Operation of the Incheon Metropolitan City Corporation and performs projects such as acquisition, development, supply, lease and management of land for housing development, etc. and construction, supply, lease and management of houses and ordinary buildings.

A around April 2010, the Defendant entered into a business agreement for the development project of multi-family housing and a construction contract (hereinafter referred to as the “instant project site”) with a proposal to implement a multi-family housing development project (hereinafter referred to as the “instant project”). Around April 2010, the Defendant selected “Plaintiff-Hah” as a priority negotiation subject to the proposal for construction cost of KRW 2.8 million per square year.

Based on the business plan submitted by the above consortium, the Defendant entered into a business agreement (hereinafter “instant business agreement”) with the Plaintiff, PF loan and financing company on June 11, 2010, the Defendant entered into a business agreement with the Plaintiff, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the KF Trust Co., Ltd. (hereinafter “KB Trust”), the Korea Design Corporation, the Korea Design Corporation, and the Korea Sale Bank.

The main contents thereof are as shown in the attached Form.

Pursuant to the instant business agreement, B Co., Ltd. (hereinafter “B”) was established on June 24, 2010 for the implementation of the instant business.

B On July 12, 2010, the management-type land trust agreement was concluded with the KF Trust, the plaintiff, the defendant, and the lender, and accordingly, the management-type land trust agreement was concluded with the KF Trust and the management-type land trust agreement.

B On July 12, 2010, the instant project site was purchased by the Defendant Han Han-gu.

7. 14. Completion of the registration of ownership transfer, and on the same day, the registration of ownership transfer based on the trust was completed.

The plaintiff and B shall be the plaintiff of 2010.

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