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(영문) 서울중앙지방법원 2018.08.22 2015가합8563

하자보수보증금 등

Text

1. The plaintiff's lawsuit against the administrator C of the rehabilitation debtor B, who is the plaintiff's lawsuit taking over the defendant B.

Reasons

1. Basic facts

A. The plaintiff is a party 1) The plaintiff is a racing-si A apartment (hereinafter "the apartment of this case").

(2) The Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) concluded a trust agreement with a stock company and a space (hereinafter “human space”) and Defendant B Co., Ltd. (hereinafter “Defendant B”) on the land trust type (hereinafter “instant trust agreement”) and acquired the instant apartment site from a truster person and a space. Defendant B is a new company that newly built the instant apartment.

B. The conclusion and termination of the instant trust agreement 1) Defendant Korea Asset Trust entered into the instant trust agreement with the person on December 27, 2006 and the space on December 27, 2006, and between Defendant B and Defendant B, with the purport that the instant apartment site is entrusted from the human and spatial space to build and sell the instant apartment site. (2) The main content of the instant trust agreement is as follows.

Article 1 (Trust Purpose) (1) A person and space shall trust the site of the apartment in this case to the defendant Korean Asset Trust, and the defendant Korean Asset Trust shall take over the site of the apartment in this case.

② The purpose of this trust is to build the instant apartment on the instant apartment site and sell the land and buildings (hereinafter referred to as “trust real estate”) as trust property.

Article 25 (Trust Period) The period of trust shall be from December 2006 to April 2010.

Article 27 (Termination of Trust) The Trust Contract shall be terminated in any of the following cases:

1. Where the purpose of trust is achieved;

2. Where the purposes of trust can not be achieved;

3. Where the period of trust expires;

4. Where a contract is terminated under Article 26, Article 16 (Other Matters) (1) of the supply contract of the apartment of this case shall be subject to the execution of the principal project of the defendant Korean Asset Trust.