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(영문) 서울고등법원 2018.05.03 2017나2054853
건물인도
Text

1. The defendant (Counterclaim)'s appeal against the principal claim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff’s instant case.

Reasons

1. Basic facts

A. 1) B Co., Ltd. (hereinafter “B”)

A) A company running a building construction business, housing sale business, etc., and is a downtown redevelopment project that was conducted with respect to one of the Seoul Jongno-gu Seoul Metropolitan Government Urban Redevelopment Project and 78 parcels and its ground buildings. “Seoul Jongno-gu and the same Gu H on the ground of 6,757.5 square meters above the aggregate of 7 stories underground and 20 stories above the ground (hereinafter “D buildings”).

2) The business of constructing and selling commercial buildings, officetels, etc. (hereinafter referred to as “instant business”).

2) The Military Personnel Mutual Aid Association is a juristic person established under the Military Personnel Mutual Aid Association Act for the purpose of promoting the stability of their lives and the promotion of their welfare by establishing an efficient mutual aid system for military personnel and civilian employees, and contributing to the improvement of the military force of the Republic of Korea, and lends the business funds required for the instant project to B.

3) The Plaintiff is a company engaged in the business of trust, etc. of real estate rights, and is a trustee and a trustee of the instant business site and its ground building entrusted by B, and the fund management company of the instant business related to the instant business in B. 4) The Defendant is a buyer who purchased each of the instant real estate, which is a D partitioned building, from B.

B. 1) On October 31, 2003, the Military Mutual Aid Association established a business agreement between the Military Mutual Aid Association and B on the instant business (hereinafter “instant business agreement”) with the content that between B and B, the Military Mutual Aid Association leased KRW 135 billion to B as business funds for the instant business, and thereafter, the amount of the principal and interest on the instant loan and the business profits worth KRW 35 billion in consideration thereof is to be paid from B (hereinafter “instant business agreement”).

(1) The agreement was concluded with B on January 1, 2008 on the amendment of part of the instant agreement (hereinafter “instant agreement on the amendment of business”).

(2) B) On November 20, 2003, between the Plaintiff and B, the Plaintiff would become the Plaintiff.

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