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(영문) 수원지방법원성남지원 2017.08.09 2017가단1379

양수금

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

A. On November 2014, the Defendants concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the trustor, the trustee of international asset trust, the first beneficiary of the construction and the second beneficiary of the East-gu C&M construction, and the management-type land trust agreement (hereinafter “the instant trust agreement”) with the KB bank as the first beneficiary of the KB bank as the first beneficiary of the instant trust agreement in relation to the sales and purchase of the instant building (hereinafter “instant building”).

[this case’s trust agreement] ① A trustee (international asset trust, hereinafter the same shall apply) entered into a contract for construction works with the contractor (DongM Construction, hereinafter the same shall apply).

Provided, That where there exists a contract for construction works already concluded between the truster (the defendant, the same shall apply hereinafter) and the contractor, he/she may succeed thereto.

(3) Where a trustee fails to pay the construction price with trust property, the truster shall be responsible for the payment of the construction price to the contractor.

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.

(3) Where a trustee fails to pay service expenses under paragraph (2) with the trust property, the truster shall be liable to pay the service expenses.

Article 22 (Bearing of Expenses Incurred in Handling Trust Affairs) (1) The following expenses shall be borne by the truster:

3. The expenses for design supervision and the construction cost. (2) The trustee shall pay the expenses under paragraph (1) from the trust property and shall pay the money received from the truster or the contractor in the event of impossibility.

(b)in this case;