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(영문) 수원지방법원 2020.05.27 2019가합28815

분양대금 등 반환청구 강제조정신청

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 199,048,149 and the interest rate thereon from May 28, 2020 to the day of full payment.

Reasons

1. Basic facts

A. Trust contract, etc. between the Defendants 1) Defendant C Co., Ltd. (former trade name: D; hereinafter “Defendant C”).

Defendant B (hereinafter “Defendant B”) is a corporation with the purpose of real estate trust, etc.

the hotel E (hereinafter referred to as the “instant hotel”) at the time of Seopopopool.

(2) On November 18, 2015, Defendant C entered into a sale management trust agreement (hereinafter “instant trust agreement”) with Defendant B, F Co., Ltd, and G (hereinafter “G”) on the same day with respect to the new construction and sale of the instant hotel on November 18, 2015. Defendant C entered into a business agreement and an agency contract (hereinafter “instant agency contract”).

3) Of the instant trust contract and the agency contract, the contents pertaining to the instant case are as follows (hereinafter Defendant B’s “implementer”; F’s “City Corporation”; Defendant C’s “Trust”) and “Financial Institution”.

). ◈이 사건 신탁계약 제1조(신탁목적) 이 신탁계약은 “건축물의 분양에 관한 법률”에 의거하여 위탁자가 신탁부동산상에 별지2와 같이 건물을 신축 또는 증축하여 분양하는 사업(이하 ‘분양사업’이라 한다

(B) the trustee’s trust property (including any additional trust of the completed building).

) protect the buyer by preserving and managing the ownership and protect the buyer and the truster (if there is another debtor, including the debtor)

The purpose of the settlement is to liquidate and dispose of the trusted real estate in the event of the default of the obligation to be borne by the seller. Article 12 (B) In the event that the project is not carried out due to default, bankruptcy, etc. of the truster, or where the trust contract is terminated and settled halfway for any other reason, the purchaser shall be given priority in preference to other right holders such as preferential beneficiaries, etc. from the trust property