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(영문) 서울중앙지방법원 2018.11.30 2018가합541702

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 18, 2016, C Co., Ltd. (hereinafter “C”) concluded a sales management trust agreement with the Defendant and the debtor and the beneficiary C with respect to the business (hereinafter “instant business”) of constructing and selling “E hotel” (hereinafter “E hotel”) on the ground of the instant plot of land (hereinafter “instant plot of land”).

B. On February 23, 2017, C entered into a real estate trust agreement with the Defendant to change the said sale management trust agreement into a management-type land trust agreement.

Pursuant to the management-type land trust contract concluded pursuant to the above modified contract (hereinafter “instant management-type land trust contract”), the first priority beneficiary was modified into “H” in accordance with the management-type land trust contract of this case.

The contents of this case concerning the following are as follows:

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.

Provided, That where the truster is unable to pay it, the contractor shall be responsible for it.

(7) The expenses incurred by the Corporation in performing its duties on behalf of the truster shall be paid by the trustee within the trust property, and where a shortage occurs, it shall be paid by the truster.