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(영문) 서울중앙지방법원 2016.09.29 2015가합548948
분양대금반환 등 청구의 소
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The Defendant’s “compensation for delay” in the attached list to the Plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the instant AA hotel (hereinafter “instant hotel”) on five parcels outside the Z in Seopopo City of Seopopopo City from the Defendant.

2) The Defendant entered into a trust agreement on the land in lots with Jejuwon Co., Ltd. (hereinafter “D”) and constructed and sold the hotel site of this case on the ground after being entrusted with the hotel site of this case from Jejuwon.

3) The Defendant and the instant hotel site, etc. were a company that concluded a trust contract for land in lots with the instant hotel as trust property and had the Defendant newly construct and sell the instant hotel. Since the new construction of the instant hotel, the Dudwon concluded a lease management consignment contract with respect to each of the instant partitioned sections and agreed to operate the instant hotel and distribute profits therefrom to the buyers. B. Around March 2013, 2013, the Dudwon concluded a trust contract for land-sale with respect to “AA-new project in Jeju Z” with respect to “the Defendant and the Dudwon,” and the Dudwon Co., Ltd concluded a trust contract for land-sale with respect to “the AA-built project in Jeju Z” with respect to “the Dudwon (hereinafter “trustee and beneficiary”).

(C) the trustee and the defendant (hereinafter referred to as "trustee")

(1) The trustee shall enter into a trust agreement for the land in lots as follows. Article 1 (Trust Purpose) This trust agreement shall be the land listed in annexed Form 1 (hereinafter referred to as "trust land"):

) A building listed in Appendix 2 (hereinafter referred to as “trust building”) above

(1) build a trust property and build a trust property (hereinafter referred to as “trust property”)

The purpose is to pay trust benefits to beneficiaries by operating them, such as selling in lots. Article 24 (Trust Contract Termination shall terminate in any of the following cases:

1. Where the purpose of trust is achieved;

2. Where the purposes of trust can not be achieved;

3. Where the period of trust expires;

4. The application is made in accordance with Article 23.

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