beta
(영문) 서울중앙지방법원 2013.12.06 2012가합88940

분양대금반환

Text

1. The Defendant: (a) 5% per annum from November 8, 2012 to December 6, 2013; and (b) December 7, 2013 to the Plaintiff. < Amended by Act No. 11604, Dec. 7, 2013>

Reasons

1. Facts of recognition;

A. B Co., Ltd. (the trade name at the time was changed to the trade name as of September 2, 2003; hereinafter referred to as “B”) will undertake the “C Construction and Sale Business” (hereinafter referred to as the “instant business”) on the D ground of Busan-si, Seocheon-si, Busan-si, and the building to be newly constructed as a result of the said business. On August 28, 2003, ELD Investment Securities Co., Ltd., Ltd., ELD Co., Ltd., a loan institution for the business funds, New Innuri Mutual Savings Bank, and Defendant, a trust company (the trade name at the time was changed to the national asset trust Co., Ltd., Ltd., and as of March 29, 2004) and B, with loans from the above lending institution as security, and with the principal site of the instant business as security, and with the Defendant to entrust the management affairs, such as receipt of the sales trust, management revenue, etc. of the instant business, as the following agency contract concluded with the Defendant’s agent contract (hereinafter referred to the instant contract.

Article 1 (Purpose) of the main content of the instant agency contract is to determine the duties to be delegated to “A” (Defendant) in the construction and sale of “A” in the construction and sale of “A” on the D ground of the Seoul Special Metropolitan City, Seocheon-gu, Busan Special Metropolitan City, and clarify the authority of “B” and the role and scope of “B” in accordance with the loan agreement, and to ensure the smooth progress of the project at the same time as the repayment of all claims held by “B” (EL investment securities corporation, stock company, and newly incorporated mutual savings bank) for “A” in accordance with the loan agreement.

Section 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows, and shall be the same as the terms defined in a loan agreement and/or a real estate management trust agreement (for security trust) unless otherwise defined in this Agreement: