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(영문) 의정부지방법원고양지원 2015.04.29 2014가합4682

추심금등반환

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. A. On August 30, 2012, MN Industry Development Co., Ltd. (hereinafter “M”) promoted the business of newly building and selling the two underground floors and the eleventh floor neighborhood living facilities on nine parcels, such as B, etc. on nine parcels of land in the Pju City, B, etc. (hereinafter “instant business”), and entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant, whereby the Defendant would be the subject of the rights and obligations as a project proprietor within the scope of trust property, and the Defendant would be the subject of the rights and obligations as a project proprietor, and the beneficiary would pay profits from the management and operation of trust property (hereinafter “instant trust agreement”). The main contents of the agreement are as follows.

Article 12 (Raising of Costs Incurred in Performance of Trust Affairs) (1) No trustee shall be liable to procure all expenses incurred in performing trust affairs and business expenses (including any additional project expenses not anticipated at the time when a trust contract is concluded; hereinafter the same shall apply) in carrying out a project under

(2) The truster shall bear all the expenses incurred in performing trust affairs and financing business expenses under paragraph (1).

Provided, That where the truster is unable to perform, the contractor shall assume the responsibility therefor.

Article 14 (Project Owners, Liability Matters, etc.) (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.

(2) A trustee shall enter into any service contract as a project owner or project owner.

Provided, That where a truster has already entered into a contract, he/she may succeed the contract.

(4) Matters to be implemented on the terms and conditions of authorization and permission for construction (including contribution to roads for entry, public facilities, educational facilities, etc.) shall be the truster's key.

Provided, That where the truster is unable to perform, the contractor shall assume the responsibility therefor.

(7) The expenses incurred by the Corporation in performing its duties on behalf of the truster shall be paid by the trustee within the trust property.