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(영문) 서울중앙지방법원 2019.10.18 2018가합536168
신탁우선수익권 부존재 확인
Text

1. Of KRW 3,065,416,645 deposited by the Seoul Central District Court No. 16602 on July 11, 2018, 1,765.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company with the objective of civil engineering and construction work business, etc., and the Defendant (Counterclaim Plaintiff) B Co., Ltd. (hereinafter “Defendant B”).

Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company with the purpose of the housing construction project, etc.

Defendant D’s major shareholder and representative director (or in-house director) and F Co., Ltd. (hereinafter “F”) are companies aimed at real estate development business, etc.

2) On the other hand, G Co., Ltd. (hereinafter “G”) is a company in which H substantially operates under its own name as its relative, and I Co., Ltd. (hereinafter “I”) is a company in which J and K actually operate under their spouse’s name.

B. F’s L Co., Ltd. (1) L Co., Ltd. (hereinafter “instant development project”) operated by H from around 2008 to Seopopopo-si, Jeju Special Self-Governing Province (hereinafter “instant development project”).

) Each land listed in the separate sheet (hereinafter referred to as “each land of this case”) to proceed.

(2) While completing the registration of ownership transfer concerning the instant land, the instant development project promoted by H was suspended due to the cancellation of security and financial shortage, etc. of each of the instant land. (2) After that, around 2015, G, operated by H, agreed to resume the instant development project with Defendant B, which was conducted by Defendant D, and pursuant to the said project agreement, Defendant B concluded a sales contract to purchase each of the instant land at KRW 10 billion with N, who was the owner of each of the instant land as of June 5, 2015.

In addition, Defendant D,O, and P (hereinafter collectively referred to as “Defendant D, etc.”) owned 100% shares from Defendant B for payment, thereby completing the registration of ownership transfer on each of the instant lands on March 18, 2016.

C. Project proprietor of the instant development project.

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