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(영문) 서울중앙지방법원 2016.06.22 2015가합537009

분양대금

Text

1. The plaintiff

A. Defendant A and B, each of which was KRW 200,000,000, and each of them, shall be 10.0 per annum from January 28, 2015 to February 27, 2015.

Reasons

1. Basic facts

A. On June 5, 2012, the Plaintiff entered into a management-based land trust contract (hereinafter “F”) with the truster and beneficiary, and the F Co., Ltd. (hereinafter “F”).

B) Between Sung-nam-si and Sung-nam-si Officetel “H” (hereinafter “instant officetel”)

) The management-type land trust contract for the new construction and sale of the project was concluded (hereinafter “instant trust contract”).

(1) Article 1 (Purpose of Trust) (1) The purpose of this trust agreement is to provide the beneficiary with the benefits of trust by operating a trust building on the trust land, a trust property, and a trust building, which is a trust property. <2) The trustee bears the rights and obligations of the owner of the building within the scope of trust property, and the trustee does not assume the obligation to raise funds, and the responsibility for raising funds is to be borne by the truster or the person designated by separate agreement. Article 14 (Methods of Disposal, Management, and Operation of Trust Real Estate) may sell, manage, and operate the trust real estate in accordance with the following methods:

Provided, That with respect to the sales contract already concluded, it shall be subject to the consent of the contractor or the first beneficiary.