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(영문) 서울중앙지방법원 2013.05.08 2012가합49631
신탁등기말소등
Text

1. The Plaintiff’s rehabilitation claim against a foreign exchange company is KRW 1,916,492,00 and the Plaintiff’s rehabilitation claim.

Reasons

1. Facts recognized;

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is a new apartment of this case, “Sacheon-dong 83-1 Seoul Special Metropolitan City New Building Project” (hereinafter the new apartment of this case) and a new apartment of this case is a new apartment of this case.

(2) Defendant Samsung was the contractor of the instant apartment, and it was the company that acquired the status of the implementer of the instant new construction project from the Plaintiff.

3) Defendant International Trust Co., Ltd. (hereinafter “Defendant International Trust”).

(B) The Plaintiff is a trust company that entered into a trust agreement with the Plaintiff and the Defendant Samd Co., Ltd. regarding the land, etc. for which the instant new construction project is being conducted. (B) On June 30, 2006, the Plaintiff obtained the approval of the housing construction project plan for the instant new construction project from the Sild Co., Ltd.

(2) On the same day, the Plaintiff agreed to enter into a land trust agreement with the Plaintiff as an executor in relation to the instant new construction project, and at the same time, to conclude the said land trust agreement with the Plaintiff, the Plaintiff agreed to terminate the trust trust of all beneficial rights holders and to cancel the registration of the trust on August 6, 2009. 3) The Plaintiff and the Defendant three-party company entered into a written agreement with the Plaintiff on June 30, 2009 to partially modify the contents of the said agreement. This agreement is not to include the land indicated in the attached real estate list as the object of land trust but to maintain the right to use the Plaintiff at will without any limit and not to jointly link it with the instant new construction project. 2 The above land should be returned to the Plaintiff after completion of the project, and 3.

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