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(영문) 서울중앙지방법원 2015.03.20 2014가합17201

공탁금출급확인

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

(a) be racing;

Article 4 (Determination of Construction Costs) The above three companies shall subcontract the construction work for Hanyang Development Co., Ltd. in accordance with the first contract for the construction work.

A construction work shall be executed in accordance with the first estimate, but additional construction costs shall be determined through consultation on the basis of general commercial transactions.

Article 5 (Settlement of Expenses) The amount of input expenses referred to in Article 5 (Settlement of Expenses) shall be the final amount at the time of settlement of the input expenses, and shall be processed after completion.

Special agreement: "B" and "sicks" shall be recognized only for relevant documents and documentary evidence.

Article 6 (Distribution of Shares in Terms and Conditions of Business) This Agreement shall be distributed to "A", "B" and "B" according to their respective shares in which profit is sought, and when profit is generated according to their equal shares, and may be settled in lots at the time of unsold sale.

At the time of settlement, the amount after the settlement of construction cost, execution cost, and land cost shall be considered as profit, and the ratio of ownership for profit shall be agreed as follows:

* 70 per cent of the profit for the implementation of A’s share.

* * 15 per cent of the profit from the implementation of the shares in B.

* * 15 per cent of the profits from Byung’s equity implementation.

On April 18, 2012, Defendant B entered into a trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter referred to as “Korea Asset Trust”), and received the registration of ownership transfer for the instant project site from the UN General Construction on the following day, and completed a trust registration again on the same day. On September 10, 2013, Defendant B made a registration of ownership preservation in the name of the Korea Asset Trust on the instant new building under the name of the Korea Asset Trust.

On the other hand, the main contents of the above trust contract are as follows.

(Evidence Nos. 5-1 to 4, 35-1, 2, 36-1 to 17, 37, 6, and 10-1). Article 1 (Trust Purpose) of the Trust Contract is to construct a building (referring to the new building of this case) listed in attached Table 2 on the land listed in attached Table 1 (referring to the site of this case) and to the trust property.