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(영문) 서울중앙지방법원 2017.05.17 2016가합530166

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. 피고 주식회사 하나자산신탁(이하 ‘피고 하나자산신탁’이라 한다)은 토지와 그 정착물의 신탁 및 이와 관련된 업무 등을, 피고 명디벨럽 주식회사(이하 ‘피고 명디벨럽’이라 한다)는 부동산 개발 및 매매업 등을, 피고 현대건설 주식회사(이하 ‘피고 현대건설’이라 한다)는 토목건축공사업 등을 각 목적으로 하는 회사들이다.

B. On February 13, 2012, the Defendants concluded a land trust agreement and a land trust agreement with a management-type land trust agreement, each of which relates to the following: (a) the Defendants, who newly constructed an officetel building on the Young-gu Bable land in Suwon City and sell it in units (hereinafter “instant project”); and (b) the parts relating to the instant case are as follows.

The special terms and conditions of the management-type land trust contract (BA No. 1) concerning the progress of the project in this case shall be governed by the management-type land trust business agreement.

(1) Article 2(1) of the Land Trust Business Agreement (No. 2) of the Management-type Land Trust Business Agreement (No. 2) of this case is that the instant project is carried out by the following methods: (a) Defendant Sydllin’s overall business activities, such as the provision of the project site, the procurement of project costs, and the authorization and permission of the project; (b) Defendant Hyundai Construction is responsible for the performance of the responsibility for completion, the saler, and the sale price-related affairs; and (c) Defendant Han Asset Trust is held only in the name of the project implementer; and (d) Defendant Han Asset Trust is carried out by the land trust business method in which all liabilities and losses

(Article 1(2). The Defendant Hyundai Construction, as the contractor for the construction of the instant construction project, performs the affairs related to the sale of buildings, advertisements, public relations, etc. (all of the affairs related to the sale of buildings, such as sales contracts and contractor management, all of the advertisements for sale, and the selection of the sales agency, etc.) (Article 3(2)3), and Defendant Hyundai Construction, as the contractor for the instant construction project