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(영문) 서울고등법원 2018.07.06 2017나2073564
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 7, 200, the Plaintiff entered into a sales contract between the Plaintiff and Dongnam Development Co., Ltd. (hereinafter referred to as “Dongnam Development Co., Ltd.”), and the Plaintiff entered into a sales contract to sell the land, including 21,98,302,984 square meters, owned by the Plaintiff (hereinafter referred to as “instant land”) for 11,98,302,984 square meters (hereinafter referred to as “instant sales contract”), and completed the registration of ownership transfer of the instant land, including Dongnam Development, etc. around January 21, 2002.

B. (1) On January 18, 2002, the court below concluded a lease-type land trust contract for the purpose of leasing and managing and operating the instant land and the instant apartment as trust property. On January 18, 2002, the court below concluded a lease-type land trust contract for the purpose of leasing and managing the instant land and the instant apartment as trust property.

(2) Subsequent to the cancellation of the agreement on the above lease-type land trust contract, the court below concluded a sale-type land trust contract with the aim of selling the instant land and the instant apartment as trust property after the completion of the new construction of the apartment complex in this case on October 13, 2002.

(hereinafter “instant trust contract”). Article 1 (Trust Purpose) (1) Dongnam Development, etc., trust the instant land to the Defendant, and the Defendant shall accept it.

2. The purpose of the instant trust is to construct buildings on land and sell land and buildings in lots by using them as trust property.

Article 12 (Trust Profits) All proceeds from trust property, security deposits, and profits from the management of money belonging to trust property and others corresponding thereto shall be proceeds from trust.

§ 13. (Initial Beneficiary) This trust.

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