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(영문) 서울중앙지방법원 2019.08.23 2019나16429

공제금

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. (i) AD Co., Ltd. (hereinafter referred to as “D”) is a company that newly constructs and sells 482 household Fteltel (hereinafter referred to as “instant officetel”) on the land outside Seo-gu, Seo-gu, Gwangju, and four parcels of land (hereinafter referred to as “instant land”).

B. On March 23, 2012, G Co., Ltd. (former trade name: H Co., Ltd.; hereinafter “instant trust company”) entered into a business agreement and an agency contract with respect to the construction and sale of officetels.

(2) On March 23, 2012, the trust company of this case and the trust company of this case (hereinafter “instant trust contract”) entered into a sale management trust agreement (hereinafter “instant trust agreement”) on March 23, 2012 (hereinafter “instant business agreement”). On the same day, the trust company of this case completed the registration of ownership transfer on the instant business site due to trust.

According to the instant business agreement and the instant trust agreement, the instant trust company manages the ownership of the instant business site and the instant officetel’s ownership trust, and D shall conduct the sales business, such as entering into the sales contract with the instant trust company after consultation with the instant trust company. The instant trust company shall receive and manage the sales contract in the form of storage, fund management account, and the sales proceeds, but the sales proceeds shall be collected only in the name of the instant trust company, which is the sales revenue management account designated by the instant trust company, and the sales proceeds shall be recognized as the sales proceeds only in the form of the agricultural bank in the name of the instant trust company, which is the sales revenue management account designated by the instant trust company, and the sales contract shall specify the said sales proceeds management account and recognize only the amount deposited in the designated sales revenue management account as the sales proceeds, without the seal affixed by the instant trust company, and the instant trust company shall complete the

B. (i) Conclusion of a sales contract between the plaintiffs and D, a licensed real estate agent.