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(영문) 서울중앙지방법원 2014.06.27 2013가단248339

임대차보증금 반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. On March 21, 2006, SimpM Co., Ltd. (hereinafter “SCOM”), scam Heavy Industries Co., Ltd. (hereinafter “Scam Heavy Industries”), scam Heavy Industries Co., Ltd. (hereinafter “Scam Heavy Industries”), the Defendant, who is an agent company, the Defendant, the lending financial institution, and sscamdo Steel Industries Co., Ltd. entered into a business agreement and an agent contract with the following terms.

1) Project outlines : The size of A and B industrial complex development project 2: Steel distribution shop (the second floor above the ground), business support facilities (the fourth floor above the ground level), neighborhood support facilities (the fourth floor above the ground level) (the third floor above the ground level) (hereinafter “instant real estate”): The defendant’s business activities 3); the conclusion of a sales management trust contract for the entire project site, the conclusion of a sales management trust contract for the entire project site, the receipt of sales revenue management account, and the receipt of sales proceeds, management, etc.; 4) the issuance of trust registration and beneficial rights registration certificates for the project site: SimsiM must enter into a sales management trust contract with the defendant for the project site after the execution of the loan of DSSSM Co., Ltd., and complete the registration of ownership transfer and trust.

5) Establishment of a fund management account: The defendant refers to the opening of a fund management account in the name of the defendant for the receipt of the proceeds from sale in lots in connection with the project, and the fund of the fund management account cannot be used for any purpose other than the purpose of the project. 6) If the fund management account is to be withdrawn from the fund management account, Switzerland shall request the defendant to make a written request for withdrawal for the fund execution with the prior consent of the two industries.

B. Since then on March 31, 2008, the Defendant and Switzerland enter into a sales management trust agreement to preserve and manage the ownership of real estate held in trust and to protect the purchaser and to liquidate, dispose of, and settle the real estate held in trust by the truster when the trustee fails to perform his/her obligations, while the trustee enters into a sales management trust agreement to enter into the sales management agreement.