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(영문) 서울중앙지방법원 2018.01.25 2017가합517276

손해배상(기)

Text

1. The Korean Real Estate Trust Co., Ltd. and the Defendant Mine Industry Development Co., Ltd.

Reasons

1. Basic facts

A. 1) Defendant Mine Industry Development Co., Ltd. (hereinafter “Defendant Mine Name”) (hereinafter “Defendant Mine Name”).

The Seocho-gu Seoul Metropolitan Government is the Seocho-gu 377.3 square meters and C 644.5 square meters (hereinafter “the instant site”).

(A) purchased a building for the purpose of neighborhood living facilities and business facilities (the underground seven floors, the size of 20 floors above ground, hereinafter referred to as the “instant building”) on the site.

(3) On November 20, 1997, Samsung Heavy Industries Co., Ltd and Korea Real Estate Trust Co., Ltd. (hereinafter “Co., Ltd.”) were omitted and named as “Co., Ltd.” among each company’s trade names.

The land trust business agreement (hereinafter referred to as the “instant business agreement”) between the Corporation and the Corporation shall include the following:

(1) The Defendant Mine’s name, as the truster and beneficiary of the foregoing business agreement, purchased the instant land from Samsung Heavy Industries, the contractor, with the funds borrowed KRW 11.7 billion, and trust the instant land and the buildings to be newly built on the instant land and its ground to the Korea Real Estate Trust.

The Korean Real Estate Trust shall construct the building by concluding a contract with Samsung Heavy Industries to contract the construction of the building in accordance with the land trust contract to be concluded with the Defendant’s mineral name.

Defendant Mine Name shall vicariously carry out the sale of the Korean Real Estate Trust on the above building, and have the buyer deposit the sale price to the Korean Real Estate Trust, and the Korean Real Estate Trust shall pay the purchase price and the construction cost of the land leased by Samsung Heavy Industries to Defendant Mine Name with the sale price deposited as above.

The trust business is settled within six months after the completion of the building in this case, but the project cost, etc. has not been recovered due to unsold housing units, the relevant amount is borrowed from the financial institution under the name of the Defendant’s mineral name, or the conversion of unsold housing units into lease, thereby repaying obligations to Samsung Heavy Industries.