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(영문) 서울고등법원 2016.07.07 2015나2069813

분양대행수수료 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Trust contract and fund management contract 1) Life-long Industry Co., Ltd. (hereinafter “Life-long Industry”).

2) In the case of the instant building, the instant building, and the instant business, are located in the area B outside of the Suwon-si and 2 lots of land Ctel and commercial facility construction business (hereinafter the above building).

As an executor, on August 6, 2013, the instant trust agreement with the Defendant and the real estate security trust agreement (hereinafter “instant trust agreement”).

2) The Fund Management Agency contract (hereinafter referred to as “instant Fund Management Contract”) and the Fund Management Agency contract

(2) The first beneficiary under the instant trust agreement is a lender of the instant trust agreement related to the instant project. The first beneficiary is the Suwon Saemaul Depository (the amount of KRW 6.5 billion issued with the certificate of beneficial rights), the second beneficiary is the Goyang-dong Saemaul Depository (the amount of KRW 6.5 billion issued with the certificate of beneficial rights), the second beneficiary is the joint third beneficiary of the joint third beneficiary, Svia 2 Savings Bank (the Hyundai Svia 2 Savings Bank before the modification, the 18.98 billion issued with the certificate of beneficial rights), the Svia 3 Savings Bank (the former one, Svia 3 Savings Bank, the amount of KRW 15.6 billion issued with the certificate of beneficial rights), the Svia 4 Savings Bank (the changed 4.5 billion issued with the certificate of beneficial rights), the Svia 10.4 billion issued with the certificate of beneficial rights).

(C) Each of the above banks, a joint third priority beneficiary, was merged into SBA Savings Bank on October 2014, 2014, and the following is not divided from each of the above banks (hereinafter “SBA Savings Bank”); 3) The part related to this case in the instant fund management agreement is as follows (A refers to the name industry, Defendant B, Defendant C, and C, the first priority beneficiary, and Defendant C, the second priority beneficiary, and the third priority beneficiary). Article 1 (Purpose of this Agreement is to act on behalf of Party A in part of the business relating to this project, and to act on behalf of Party B, Party B, Party C, and Party C’s rights and duties.