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(영문) 서울고등법원 2016.05.13 2015나31768
소유권이전등기말소
Text

1. On the basis of the plaintiff's second preliminary claim, the defendant is paid KRW 530,00,000 from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract for construction works and a trust contract; 1) On September 23, 2009, the Plaintiff Company D (hereinafter “D”).

B) Each land set up between KRW 1.1 billion for construction work (including value-added tax) and the period from October 5, 2009 to June 30, 2010 and indicated in the attached Table 1, 2, and 3, which was owned by the Plaintiff at the time of the construction period (hereinafter “instant land”).

3) On the ground, D is a new construction of a car maintenance plant and a gas station (hereinafter “instant construction”).

The Plaintiff and D entered into a contract for construction works with the intent to guarantee the Plaintiff’s obligation to pay the construction cost. The Plaintiff and D are international trust companies (hereinafter “international trust”).

(2) On September 23, 2009, the Plaintiff concluded an international trust agreement with an international trust on September 24, 2009 and completed an international trust registration on September 24, 2009.

3) On October 15, 2010, the Plaintiff entered into an additional construction contract with D to the effect that the terms and conditions of the said construction contract should be changed to the construction cost of KRW 1,372,250,000 and the construction period from October 5, 2009 to September 20, 2010. 4) Upon completion of each of the buildings listed in the separate sheet 4 and 5 (hereinafter “instant building”) in the separate sheet 4 and 5 (hereinafter “instant building”), the Plaintiff entered into a real estate security trust contract with D and international trust as the truster and beneficiary, the international trust as the beneficiary, and the trustee immediately upon the request of the priority beneficiary, with the ownership of the trust property transferred to the person designated by the priority beneficiary.

5 On November 4, 2010, the Plaintiff completed the registration of a trust in the name of an international trust after completing the registration of preservation of ownership of the instant building.

(b).

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