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(영문) 서울중앙지방법원 2013.02.05 2011가합81430
부당이득금반환 등
Text

1. The plaintiff's defendant corporation and the defendant corporation are the debtor of bankruptcy who takes over the lawsuit of the mutual savings bank.

Reasons

1. Facts of recognition;

A. We conclude a land trust agreement with the Korea Land Trust Co., Ltd. (former trade name: Namyang Tourism Co., Ltd.; hereinafter “brin New Airport”) to newly construct and sell commercial buildings on the instant land between the owner, who was the owner of Jongno-gu Seoul Metropolitan Government D D 2,17.4 square meters, E, 178.2 square meters and F 458.2 square meters (hereinafter “instant land”), and completed the registration of transfer of ownership in the name of the Korea Land Trust on December 24, 1996 with respect to the land of Jongno-gu Seoul Metropolitan Government on the ground of the said trust agreement.

After that, on October 25, 2000, the registration of ownership transfer for the whole land of this case was completed on the grounds of the reversion of trust property in the name of New Technology, and on October 26, 2000 following the date, the registration of ownership transfer was completed on the grounds of the trust contract in the name of the Korea Land Trust.

B. The New Zealand constructed a building (total of 683 households; hereinafter “instant building”) composed of 7 underground floors and 15 floors above the ground (total of 683 households) under the name of “G building,” including each sectional section listed in the separate section in the separate sheet (hereinafter “each of the instant sectional buildings”) on the ground of the instant land, and completed registration of ownership preservation on November 16, 200 with respect to the instant building under the name of the New Zealand on November 16, 200, and completed registration of ownership transfer on November 21, 200 under the name of the Korea Land Trust on November 7, 2000.

C. Meanwhile, the Korea Land Trust and Ba New Zealand implemented the pre-sale of the instant building from August 1997 to June 199, and sold part of the subdivision to buyers. As to the relation to the use of the instant land, “1 is to use the instant land without a re-contract for 40 years from the date of commencing the sale of the instant building, and a separate lease contract is concluded.

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