(영문) 서울중앙지방법원 2015.03.25 2013가합527831

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.03.25 2013가합527831

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Basic facts

A. The Plaintiff was merged into Seongbuk-gu Seoul and ten parcels (each of the above parcels was merged into Seongbuk-gu Seoul on February 10, 2010) 10.

hereinafter referred to as “instant site”

2) On the ground, the main complex building for the purpose of the use of the 5th underground floor and the 111th ground-based apartment, officetels and neighborhood living facilities (hereinafter “instant building”).

(2) On August 15, 2007, when the building height on the ground is limited to not more than 30 meters pursuant to the dong Line-Oriented District Unit Planning Change Public Notice and District Unit Planning Change Public Notice on February 15, 2007, the Plaintiff agreed to donate 285.8 square meters among the instant site to the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seongbuk-gu”) having jurisdiction over the public facilities (hereinafter referred to as the “head of Seongbuk-gu”) in order to alleviate the maximum height of the building in accordance with the guidelines for the implementation of Class 1 District Unit Planning, the Plaintiff received an application for the building permit of this case from the head of Seongbuk-gu Office (hereinafter referred to as the “head of Seongbuk-gu”), which is the competent administrative agency, for the reduction of the building height.

3) On November 30, 2007, the Plaintiff and the Defendant: (a) the instant site and the instant building are trust property for the trust of the construction and sale of the instant building; and (b) the trust period from November 30, 2007 to December 31, 2009; and (c) the sale-type land trust contract (hereinafter “instant trust contract”) with the main contents of the following:

Article 1 [Purpose of Trust] (2) The purpose of this trust is to construct the instant building on land and to collectively refer to land and buildings (hereinafter referred to as “trust real estate”).

the trust property shall be deemed to be a trust property.

유사 판례

-서울중앙지방법원 2013.09.27 2011가합29555

-서울중앙지방법원 2018.11.06 2017나69498

-서울고등법원 2017.05.11 2015나2058721

-서울고등법원 2018.07.06 2017나2073564

-서울중앙지방법원 2017.02.08 2014가합552193