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(영문) 창원지방법원통영지원 2019.12.12 2019가합10138

추심금

Text

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

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

Reasons

Basic Facts

On August 19, 2014, the Defendant entered into a land trust agreement with C Co., Ltd. (hereinafter “D Co., Ltd.”) and entered into a management-type land trust agreement with respect to the construction project of multi-family housing (hereinafter “instant project”) in Kimhae-si, and entered into a modified contract (hereinafter “instant trust agreement”) around May 26, 2015. Of them, the parts relating to the instant case are as follows:

The main truster and beneficiary C (hereinafter referred to as “A”), the trustee (hereinafter referred to as “B”), the joint contractor and the FF Co., Ltd. of the second priority beneficiary and G Co., Ltd. (hereinafter collectively referred to as “A”), together with the first priority beneficiary, H limited liability company and I limited liability company (hereinafter collectively referred to as “family”) enter into a modified contract for a management-type land trust as follows:

Article 1 (Purpose of Trust) (1) The purpose of this trust agreement is to construct a building (attached Form 2) on the land listed in attached Form 1 and to dispose of trust property land and trust building (hereinafter referred to as "trust real estate") which are trust property and to pay trust benefits to the beneficiary.

Article 2 (Definitions of Terms)

7. The term "trust profits" means the remaining trust property, the expenses of which are deducted from the revenue generated from the management of the trust property, and which is reverted to the beneficiary and the preferential beneficiary at the time of termination of the trust;

Article 3 (Period of Trust) (1) The period of trust shall be as shown in attached Form 3 (6 months from the date of conclusion of this trust contract to the date of approval for use of the trust building, and omission of other matters), and the beneficiary and the trustee may extend the period by agreement before the

(2) Where a truster or beneficiary fails to repay the various expenses prescribed in Article 20 by the time the trust period expires, the trust period shall be extended automatically under the same conditions until the redemption of such expenses is made.

(3) A truster or beneficiary.