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(영문) 서울고등법원 2017.10.13 2016나2086198

공사대금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The conclusion and amendment of the construction contract 1) Amer Co., Ltd. (hereinafter referred to as “mers”) have established

(A) The building of the instant building (hereinafter referred to as “instant building”) on the 1,115.7 square meters in Daegu Suwon-gu B building.

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

(1) The term “Tru Construction Co., Ltd.” (hereinafter referred to as “True Construction”) was intended.

on March 7, 2013, the construction of the instant building (hereinafter referred to as “the construction of the instant building”) is called “the construction of the instant building” from a development range.

(1) The term “the construction period of construction work” was set as KRW 14,300,000, and the construction period was set as from April 1, 2013 to March 31, 2015 (hereinafter referred to as the “contract”) refers to the instant contract.

(2) According to the instant contract, a warranty bond equivalent to 3% of the construction cost must be paid in cash or in a letter of guarantee issued by a guarantee agency.

(Article 28(1)(3) of the Act provides that “The persons involved in the instant project, including a camera, have tried to carry out the instant project by way of trust.” Accordingly, on March 2013, 2013, the Defendant, T&D et al., with a sale-type land trust agreement (hereinafter “instant trust agreement”).

Upon conclusion of a contract for land trust (Evidence No. 13, No. 13), a truster (A) of a sale-type land trust agreement (Evidence No. 13: A and D trustee (A): The first beneficiary of the sale-type construction and the second beneficiary of the sale-type: The first beneficiary of the sale-type construction: A debtor: The purpose of this trust agreement is to construct the building of this case and to pay trust benefits to the beneficiary by operating the trust land and trust building, which is trust property, in accordance with Article 1 (Trust Purpose). Article 3 (Trust Period) (1) The period of trust is as shown in attached Table 3, and the period may be extended by mutual agreement with the beneficiary before the termination of the trust. Article 18 (Calculation Date of Trust: The calculation date of trust property shall be the end of December of each year and the termination date of trust, and the trustee shall be the calculation period concerned.