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(영문) 서울중앙지방법원 2018.09.11 2018가단5037607
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Multi-Industrial Development Co., Ltd. (hereinafter “Dagsan Industrial Development”) decided to sell a 21st floor above the ground surface and 5th floor above the ground surface on the land in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the Defendant A owned by the Defendant. In 2014, the Defendant A entered into a land trust agreement on the instant building with the trustor, the beneficiary of multi-party development, and the trustee of the Defendant’s asset trust as the seller of the instant building. At the same time, the Defendant’s asset trust and the buyer agreed to enter into a lease agreement on the guest room with the buyer, and to entrust the operation of the hotel to C.

B. At that time, multiple industrial development and Defendant Korea Asset Trust had the preferential right to purchase the neighborhood living facilities from the first to the third floor of the above building (including this case No. 104), and the business facilities of the 21st floor of the above building, the Defendant A, who invested in the land, had the preferential right to purchase the total amount of KRW 5 billion. The fourth to the 19th floor, and the 20th floor were designed as accommodation facilities (the president).

In addition, each floor after the construction of the building in this case was divided into several sections for exclusive use. The first floor was divided into 101 to 104, and the 20th floor was divided into several sections for exclusive use by the president.

C. After entering into a sales contract with Defendant Korea Asset Trust, the Plaintiffs entered into a sales contract with Defendant Korea Asset Trust, and entered into a sales contract with Defendant C to lease guest rooms sold in lots with a period of ten years fixed. As above, each of the above-mentioned hotel guest rooms was completed in the Plaintiffs’ names.

After the registration of ownership preservation has been completed on August 22, 2017 due to land trust agreement, the registration of ownership transfer has been completed on September 29, 2017 due to the disposal of trust property, and the registration of ownership transfer has been completed on September 29, 2017.

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