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(영문) 서울중앙지방법원 2017.09.28 2016가합555851

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established by investing the said project site in D, E, F, G, H, and I, the owner of the said project site, in order to carry out the business of constructing and selling a main complex apartment on the ground of the land outside Dong-si and eight lots (hereinafter “instant project site”).

B. On October 13, 2011, the Plaintiff, the Defendant, and the J agreed to newly construct and sell a main apartment on the ground of the instant project site by concluding a contract with J after being entrusted with the instant project site on October 13, 201 (hereinafter “instant business agreement”).

(2) On the same day, the Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant, which provides that the Defendant shall receive the instant project site in trust and newly construct the main complex apartment on the ground and pay trust proceeds to the Plaintiff, a beneficiary, by selling in lots, pursuant to the instant business agreement.

The main contents of the instant trust agreement are as follows.

The trust agreement of this case only indicates D, etc. and the plaintiff as "Plaintiff" for convenience.

Article 1 (Trust Purpose) (1) The plaintiff shall entrust the land specified in attached Form 1 to the defendant, and the defendant shall accept it.

(2) The purpose of this trust is to construct buildings listed in attached Form 2 on the land and to manage land and buildings by making them the trust property and to sell them in lots.

Article 3 (Construction of Buildings) (1) The defendant shall have the contractor selected by the defendant construct a building.

Article 4 (Borrowing of Funds) (1) The defendant may appropriate funds necessary for the construction of buildings and the performance of trust affairs from trust property, or borrow funds at the plaintiff's expense.

In such cases, the loan shall include the loan from the name of the plaintiff or the defendant and the loan from the defendant's own account.

(4)