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(영문) 서울중앙지방법원 2017.05.23 2016가합534762

추심금

Text

1. The Defendant’s KRW 114,400,000 as well as 5% per annum from June 24, 2016 to May 23, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s status 1) The Plaintiff’s regional housing association project under the Housing Act (hereinafter “instant project”) designating Seongdong-gu Seoul Seongdong-gu Seoul District Housing Association as a regional housing project implementation area.

(3) On August 30, 2007, a joint project agreement between D Housing Association and D Housing Association with the authorization of establishment was concluded on August 30, 2007, and is thus a joint project agreement.

(2) The Defendant is a trust company that entered into a real estate security trust contract and an agent contract with respect to the land subject to the housing project of this case and the building on its ground between South and North Korea.

B. On August 19, 2004, South and North Korea concluded a memorandum of understanding with the Defendant for the acquisition and trust of the real estate in the area where the instant project was implemented. ① After the Defendant received a disposal trust on the pertinent real estate from the real estate owners in the area where the instant project was implemented, ② upon the payment of the purchase price on the pertinent real estate, the Defendant transferred the ownership to the South and North Korea, and ③ upon the repayment of the purchase price on the said real estate, the Defendant would again perform the affairs related to the acquisition and trust of real estate to the Defendant. ② Accordingly, around 2005 and around 2006, the Defendant concluded each real estate disposal trust agreement with the real estate owners in the area where the instant project was implemented, and completed the trust registration on the relevant real estate. Under each of the above real estate disposal trust agreement, the Defendant did not receive any separate trust fee.

3. The defendant completed the registration of ownership transfer with respect to the real estate that was disposed of and trusted by the owners of the real estate in the project execution area of this case, after the completion of the registration of ownership transfer to the Southern.

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