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(영문) 서울중앙지방법원 2018.11.22 2017가단5233194

부당이득반환 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of building construction business and sales agency business, and C and D are the joint representative director of the plaintiff.

The defendant is a company whose purpose is to acquire, manage, dispose of, or substitute for lending and borrowing of land and its fixtures.

Article 3 (Business Allocation and Cooperation Obligation) (1) A shall perform the following duties as the project implementer of the main project:

1. Confirmation of joint implementers of the main project and securing of ownership in the project site;

8.Concluding a trust agreement (or acting as an agent) with B under Article 4, Section 1, of this Convention.

1. Entrusted management services for project sites under a trust contract with A;

2. Cooperation and support, if necessary, for the affairs of building authorization under the name of B;

3. Trust affairs prescribed by this Convention and all general trust contracts (or acting as agent contracts).

4. Receipt and management of sales proceeds, etc. under a trust contract (or acting contracts) entered into with A (or acting contracts) under Article 4 (Conclusion of Trust Contracts, etc.) (1) A and B shall perform trust contracts, etc. (or acting contracts, etc.) in accordance with the following order in accordance with the progress of this project:

1. Conclusion of a first trust contract with a designated purchaser Gap 2 in order to transfer a share owned by a person other than Gap 1 to Gap 2;

2. Conclusion of joint business agreements for building applications, etc.;

3. Conclusion of a secondary trust agreement for the procurement of the cost of the instant construction project after securing the ownership of Party A;

4.In order to proceed with the Project, Article 5 (Trust Remuneration, etc.) A, upon obtaining the internal approval of B, enter into the third trust agreement with a management-type land trust agreement or a sale-management trust agreement (including agency contracts), shall pay B the following trust remuneration, work-related compensation, etc.:

1. A is an individual trust account set forth in Section 4, Section 1, paragraph 1, of the total remuneration of Section B in relation to the Project; or