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(영문) 서울고등법원 2012.02.24 2010나37112

손해배상(기)등

Text

1. The request for intervention by the Plaintiff’s Intervenor in the case of the Plaintiff’s Intervenor shall be dismissed;

2. The expansion from the trial.

Reasons

1. Facts of recognition;

A. On December 13, 2006, the Plaintiff entered into a land trust business agreement (hereinafter “previous business agreement”) with the Defendant and the Plaintiff’s Intervenor’s Intervenor, Korea Forest Industry Co., Ltd. (hereinafter “Pelim Industry”), respectively, a land trust agreement (hereinafter “previous trust agreement”) between the Defendant and the Defendant for sale-type land (hereinafter “previous trust agreement”). On April 16, 2008, the Plaintiff entered into a land trust agreement and a land trust agreement with the Defendant for sale-type land (hereinafter “previous trust agreement”) changing the terms and conditions of the previous business agreement or trust agreement with the Defendant or Pelim Industry (hereinafter “instant site”). The main contents of the agreement are as follows.

[This case's business agreement] Article 3 / [Business Allocation and Cooperation] The plaintiff, defendant, and Pung forest industry (hereinafter "Pung forest industry") share the following business affairs and cooperate in order to achieve the purpose of this project:

1. The plaintiff, as the truster of the main business, shall perform the following duties:

1) Assistance in the sales of the Defendant in the business of the instant case to the third party, including approval of the business (including approval of modification) in accordance with the construction plan, as well as in the execution of the procedures for registration of the trust, securing the purchase fund, securing ownership, cancellation of rights other than ownership, and execution of the procedures for registration

2. The defendant, as a trustee of the main business, shall perform the following duties in cooperation with the plaintiff and the scenic industry, etc.:

1) Article 15 [The order of funding execution] of the fund-raising, such as fair management, administrative support for the vicarious administration, and trust affairs 3] sales performance and sales payment, as the contractor under the construction contract, including approval of the project under the construction plan (including approval of modification), etc.