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(영문) 서울중앙지방법원 2014.06.12 2013가합30634
토지사용승낙의사표시
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 9, 2006, the Plaintiff entered into a security trust agreement (hereinafter “instant trust agreement”) with respect to the DefendantDaol Real Estate Trust Co., Ltd. (Daol Real Estate Trust Co., Ltd., Ltd. as of March 17, 2009, the trade name is changed to Daol Trust Co., Ltd. as of March 26, 2010; hereinafter “Defendant Company”) and each real estate listed in the separate sheet No. 1 (hereinafter “instant land”).

1) A truster and a beneficiary of trust principal and trust proceeds: The first beneficiary jointly of trust principal of the trust principal of the Defendant Company 3: The Korea Mutual Savings Bank, the Korea Promotion Mutual Savings Bank, the Gyeonggi Mutual Savings Bank, the Gyeonggi Mutual Savings Bank, the Solomon Mutual Savings Bank, the Busan Solomon Mutual Savings Bank, and the Newan Mutual Savings Bank (hereinafter referred to as the “ Solomon Mutual Savings Bank, etc.”) collectively.

(4) Amount of a certificate of beneficial rights: the trust period of KRW 1.2 billion; KRW 9.1 billion; KRW 9.8 billion; KRW 9.8 billion; KRW Solomon Mutual Savings Bank; KRW 2.8 billion; KRW 5.6 billion; KRW 48.3 billion ( KRW 12.6 billion; KRW 12.6 billion; KRW 5.6 billion; KRW 5.6 billion; KRW 5.6 billion; KRW 10.5 billion; KRW 5.92 billion; and KRW 6 billion; from February 9, 2006 to the date of termination of a trust contract); the Plaintiff shall obtain prior written consent from the Defendant Company and the beneficiary; and the Plaintiff shall bear all the responsibility related thereto.

(Article VIII(1)(b) of the Matters of Separate 4 Special Agreement.

On February 10, 2006, Defendant Company completed the registration of ownership transfer based on the above trust with respect to the land of this case.

C. The plaintiff is around that time.

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