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(영문) 서울고등법원 2018.09.19 2018나2008420
손해배상(기)
Text

1. The plaintiff's appeal, the main claim extended by this court and the additional preliminary claim are all dismissed.

2...

Reasons

1. Basic facts

A. Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) with respect to real estate disposal trust 1)

(3) On May 18, 2010, Defendant New He Heati Partnership Co., Ltd. (hereinafter “Defendant New Heati”)

(C) each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) between the two.

As to the instant real estate disposal trust agreement with the trustor and the beneficiary as to Defendant New Heati and the trustee’s land trust agreement (hereinafter “instant real estate disposal trust agreement”).

(2) On May 18, 2010, Article 9 of the Special Agreement on the Disposal of Real Estate of this case (hereinafter “Special Agreement”) stipulates that “Daehan Land Trust shall only perform the management of ownership of the subject matter of trust, and all business following the implementation of the project (such as the sale of real estate in trust and the actual management thereof) shall be carried out under the responsibility of Defendant New He Heunger, Plotnam Limited Company, Do PSS Limited Company, and Military Mutual-Aid Association, etc., and Korea Land Trust shall not be subject to any responsibility and burden.”

3) On November 6, 2009, the Military Mutual Aid Association and the Defendant New Heungsti entered into a business promotion agreement with each of the above limited companies to transfer all kinds of rights held by the Military Mutual Aid Association in connection with the business of the development of the Seongdong-si Complex Complex and to enable Defendant New Heungsti to carry out the above business by transferring all kinds of rights to the Military Mutual Aid Association in relation to the business of the Complex Complex Complex Complex Complex, and made loans from each of the above limited companies (after which there was an additional agreement twice

(B) The Military Personnel Mutual Aid Association notified the Defendant New Heaster of the conclusion of a lease agreement and the cancellation of an additional agreement on November 29, 201. B. Defendant New Heaster was the Plaintiff, and the instant case on December 1, 2012.

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