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(영문) 광주지방법원 2017.10.19 2017가합53892

매매대금반환

Text

1. Defendant LAWn Urban Development Co., Ltd.: (a) KRW 705,361,000 and its amount from April 17, 2014 to May 17, 2017.

Reasons

1. Basic facts

A. On March 23, 2012, Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) concluded a sale management trust agreement, business agreement, and agency contract (hereinafter “instant land trust agreement”) with the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust Co., Ltd.”) with respect to the sales of Btels (hereinafter “instant officetels”) to be constructed on the ground of the Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”).

The main contents of the instant land trust agreement and the instant business agreement are as follows: (a) the instant land trust manages the instant land; and (b) the instant officetel ownership is managed by the Defendant International Asset Trust in the future when the instant officetel is newly constructed and registered for preservation; (c) the sales contract form is the seller of the instant land and the Defendant International Asset Trust is the seller of the instant land; and (d) the initial printed contract form is managed and kept by the Defendant International Asset Trust; and (e) when the Defendant Don Urban Development requests the delivery of the new sales contract for the conclusion of the sales contract, the Defendant Don Urban Development shall issue the management number after the issuance of the management number; and (d) the sales price shall be deposited into the funds management account opened by the Defendant Don Urban Development; and (e) the sales contract form shall specify the funds management account; and (e) the sales contract form shall not take effect without the seal of the Defendant Don Urban Trust.

B. As to the instant land, the trust registration for the instant land was made, Defendant Geob City Development on March 23, 2012.