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(영문) 수원지방법원안양지원 2020.12.24 2019가단106871

계약해제 등 청구의 소

Text

Among the main or ancillary claims of the instant lawsuit, the part demanding the payment of money to Defendant DDR.

Reasons

Basic Facts

Defendant B (hereinafter “Defendant B”) is a juristic person engaged in the construction business, etc., and C (hereinafter “Defendant Trust Company”) is a juristic person to conduct real estate security trust, etc., and Defendant D Association (hereinafter “Defendant D Association”) is a juristic person established under the Credit Unions Act to conduct the credit business, etc. for its members.

Around December 2014, Defendant B entered into a sales management trust agreement (hereinafter “instant trust agreement”) and a business agreement and an agency contract (hereinafter “instant agency contract”) with the Defendant trust company in order to build and sell a hotel (hereinafter “instant hotel”) in the Flive Flive City in order to sell the hotel.

The main contents of the instant trust contract and the agency contract are as follows.

Article 24 (Settlement of Proceeds from Disposal, etc.) (1) The order of priority in cases where a trustee disposes of, or liquidates into, the trusted real estate shall be as follows:

1. Various taxes, public charges and charges as prescribed by Acts and subordinate statutes, various expenses incurred in connection with the performance of trust affairs, trust remuneration, and deposit for lease;

2. Notwithstanding Articles 22 (Method of Execution of Funds), 22 (1) through (2) and 23 (1) of the Act on Representation of this case, where several buyers request the return of the price for parcelling-out, a trust company may withdraw the price for parcelling-out, after giving prior notice of the project executor, trust administrator, and financial institution's execution plan for the payment of the price for parcelling-out, even without the project executor, contractor, or financial institution's request or consent (including withholding tax), proxy affairs and trust fees, litigation expenses, and refund to the purchaser at the time of settlement of business (including the amount of subrogated payment), on the relevant date, notwithstanding the provisions of paragraphs (1) through (2

The trust company shall withdraw the interest on loans to financial institutions only at the request of financial institutions.

Article 23 (Order of Execution of Funds) (3) Trusters.