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(영문) 인천지방법원부천지원 2017.09.22 2015가합102001
부당이득
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Defendants are attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s acquisition and trust 1) Among AF apartments of the size of 15 stories above ground located in AE at the time ofcheon-si, “the same number” column of “the calculation table of unjust enrichment” in attached Form 1 (hereinafter “each of the instant sections”).

AG Co., Ltd. (hereinafter referred to as “AG”)

AG owned each of the above sections, and on August 14, 2007, the Cocon Assets Trust Co., Ltd. (hereinafter “Cocon Assets Trust”) (hereinafter “Cocon Assets Trust”).

2) After concluding a security trust agreement with the Plaintiff, each of the instant sections was disposed of by public auction pursuant to the trust agreement, and the Plaintiff purchased the registration of ownership under the name of the Plaintiff on December 14, 2009. After completing the registration of ownership transfer on January 14, 2010, the Plaintiff concluded a security trust agreement with the Cococo assets trust and completed the registration of ownership transfer to Coco assets trust.

3) Article 10(1) of the trust agreement entered into between the Plaintiff and Crocco asset trust provides that “a truster shall continue to possess and use the trusted real estate in fact, and shall bear all expenses to be incurred in actual management, such as the preservation, maintenance, repair, etc. of the trusted real estate, and the preservation, maintenance, and repair thereof.” Article 10(2) of the same Act provides that “Except as otherwise provided for in this contract, the trustee shall manage and preserve only the ownership of the trusted real estate until the realization upon the request of the first beneficiary commences.” (4) The Plaintiff completed the registration of ownership transfer for each of the instant partitioned buildings from Croc asset trust on June 29, 2010, on the ground of the attribution of the trust property, but immediately completed the registration of ownership transfer for Croc asset trust on the same day.

B. The defendants, such as possession of each of the respective sections of this case by the defendants, etc. are one of the following after AG entrusted a cocco asset trust with each of the respective sections of this case.

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