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(영문) 서울중앙지방법원 2017.11.30 2015가합581242

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Article 3 (Construction of Buildings) (1) Article 3 (Construction of Buildings) of the Land Trust Contract between the plaintiff and the stock company for sale-type C shall require the construction company selected by C to construct a building.

However, if there is a request of the plaintiff or if there is a contract concluded by the plaintiff before the trust contract, C may determine whether to conclude the contract with the same company in comprehensive consideration of technical manpower, execution capacity, contract amount, etc.

(2) C shall, in advance, consult with the Plaintiff on the contract amount, methods of payment, period of construction and other important matters regarding the contract for construction works under paragraph (1).

Article 4 (Borrowing of Funds) (1) C may appropriate funds necessary to construct buildings and perform trust affairs for trust property, or borrow funds at the expense of the plaintiff.

(2) C may borrow money from a financial institution, etc. by offering trust property (land, buildings after completion, etc.) as security at the expense of the plaintiff in order to recover expenses incurred in borrowing money or completing the business under paragraph (1), and the plaintiff shall cooperate with it.

Article 9 (Duty of Good Faith and Duty of Fidelity) (1) C shall not be held liable even if any loss has occurred to the plaintiff or beneficiary, if construction works, management and operation of real estate in trust, and other trust affairs are faithfully handled with the care of a good manager.

(2) The estimated balance analysis table of the project agreement prepared by C for the land trust project in lots in consultation with the Plaintiff shall not guarantee the actual results of the project, as data to be considered in the implementation of the project, the details of the review on the feasibility of the project.

3. C shall inform the plaintiff or beneficiary of the details and advise him/her of the change of the intention when the progress of the project is inappropriate for the purpose of trust or is judged to have no economic feasibility and disadvantageous to the plaintiff or beneficiary.

Article 11 (Trust Property)