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(영문) 서울고등법원 2015.05.29 2014나2006174

임대차보증금

Text

1. The plaintiff's appeal and the claim extended in the trial and the additional selective claims are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The land trust contract and agency contract between the defendant and B, as well as the agency contract 1) B (hereinafter "B")

(C) 34,555.6m2 (hereinafter “instant site”) in Seocheon-si, Seocheon-gu, Seocheon-gu.

3) On the ground of the commercial building (hereinafter “instant building”)

2) The project to newly build and sell the project (hereinafter referred to as “instant project”).

2) In order to raise funds to enter into force, ELD Investment Securities Co., Ltd. and NAD Mutual Savings Bank (hereinafter referred to as “loan financial institutions”).

(2) On August 28, 2003, B obtained a loan from the Defendant (a mutual asset trust company prior to the change) and entered into a real estate management trust agreement (hereinafter “instant site trust agreement”) under which the first beneficiary is designated as a lending financial institution to trust the instant site to the Defendant for the purpose of securing the above loan, and completed the registration of ownership transfer on the instant site to the Defendant on August 29, 2003.

3) On August 28, 2003, B, Defendant, and loan financial institutions are represented by agency contracts related to the instant business (hereinafter “instant agency contract”).

The main contents of Article 1 are as follows. In constructing and selling B on the ground of the instant site, Article 1 / [Purpose] The purpose of this Agreement is to clarify the duties to be delegated by “A” to “B (referring to the Defendant; hereinafter the same shall apply)” in the construction and selling of B on the ground of the instant site, and to clarify the authority of “B” and the role and scope of “B” (referring to financial institutions; hereinafter the same shall apply)” and the role of “B” and the scope of duties, and to ensure smooth progress of the project at the same time as “B” stably redeems all claims held by “A” in accordance with the loan agreement. Article 2 / [Definition of Terms]

3. The term "revenue from sale in lots, etc." means any down payment, intermediate payment, balance, and overdue charge of a buyer and interest income from the buyer under a lease in lots B;