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(영문) 서울중앙지방법원 2016.06.15 2015가단876
건물인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Seoul Special Metropolitan City D and E Ground F buildings (hereinafter “F”) with respect to the ownership of real estate and the promotion of the hotel construction project were owned by the Plaintiff (the trade name was changed as at the present via G with “stock company” and “H with “stock company”).

Of F’s land located in Seoul D’s land, the Plaintiff shared 32/334.9 shares, and the school foundation’s Chungcheong Private Teaching Institutes (hereinafter “Cheongju Institute”) shared 297/334.9 shares, and the remaining co-ownership relationship of 5.9/334.9 shares is omitted;

The land located in Seoul E, which is another site (from next to the above land, each of the above land is referred to as "land" according to the lot number), was owned by the Chungcheong Institute.

On October 8, 2007, the Plaintiff and the Cheongju Institute, etc. entered into a joint agreement with the Vien Tech Co., Ltd. (hereinafter referred to as the “Nen Tech”), and entered into a joint agreement with the Nen Tech, to promote the new establishment of a hotel after removing F.

On December 6, 2007, the Plaintiff and the Cheongju Institute completed the registration of transfer of ownership based on the sale on October 10, 2007, in the case of D land 329/334.9 shares and E among D land.

B. In order to secure funds for hotel construction projects, both the Plaintiff of F, etc. and the VienTex agreed to borrow KRW 12.6 billion from Samsung Mutual Savings Bank, Samsung Mutual Savings Bank, Inc., Seoul Mutual Savings Bank, and Seoul Mutual Savings Bank (hereinafter collectively referred to as “loan financial institutions”).

On January 11, 2008, the Plaintiff and Vienex entered into a trust agreement with an International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) on a total of 329/334.9 shares in F and D land and E land (hereinafter “instant trust agreement”) for the purpose of providing loans to loan financial institutions.

Under the instant trust agreement, the Plaintiff and the NBT as the truster, and F’s truster is the Plaintiff, and the truster of the land is the sum of D land 329/334.9 shares and E.

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