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(영문) 부산고등법원 2013.07.25 2012나5155
배당이의
Text

1. Revocation of a judgment of the first instance;

2. The case of Busan District Court B real estate auction between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On August 27, 1994, the new U.S. Development and Co., Ltd. (hereinafter “new U.S. Development”) entered into a land trust agreement with the sale type of the new U.S. and Co., Ltd. (hereinafter “new U.S.”) with a plan to newly construct and develop the main complex building on the land outside four lots of 612m2, Busan Seo-gu, Busan (hereinafter “the instant land”) and requested a Co Co., Ltd. Co., Ltd. to review the feasibility of the said development plan, including the purpose of development and the establishment of a size, and the results of the review that Co Co Co Co Co., Ltd.’s business prospects for the instant land are good for new U.S. development around October 194.

② On December 3, 1994, New and American Development borrowed KRW 17.2 billion from the Dongyang Comprehensive Financial Co., Ltd. (which was mutually changed to the Dongyang Comprehensive Financial Co., Ltd. on April 3, 2001, and was consolidated into the Dongyang Comprehensive Financial Securities Co., Ltd. on December 1, 2001; hereinafter referred to as the “Dongyang Deposit”) and subsequently purchased the instant land and completed the registration of transfer thereof on December 31, 1994, and completed the registration of transfer thereof as the above money. On the same day, it concluded a trust contract as the preparatory stage to conclude the land trust contract with the Koyang Trust, and accordingly, completed the registration of transfer of ownership on the instant land with the reason of the said trust contract.

③ On April 19, 195 and September 20, 1995, new and American development entered into an agreement on the instant land with the Treatment Co., Ltd. (hereinafter “Treatment”) on the instant land.

④ On October 24, 1995, a new-undeveloped and Korererererete Trust entrusted the instant land to Korererete Trust. Corete Trust is a sale-type land trust agreement with the purport that construction and sale of a main complex building with the six underground floors and the twenty-fourth floor above the instant land is completed (hereinafter “instant trust agreement”).

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