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(영문) 서울고등법원 2018.07.11 2017나2037117
분양대금
Text

1. The part of Defendant C in the judgment of the first instance is as follows upon the claim of the Plaintiff (Counterclaim Defendant) that changed from the trial of the first instance.

Reasons

1. Facts of recognition;

A. (1) On June 5, 2012, the Plaintiff entered into a management-type land trust agreement with G Co., Ltd. (hereinafter “G”) that is the truster and beneficiary, and with respect to the new construction and sale of an officetel (1,352 office, hereinafter “instant officetel”) on seven parcels, including the 2,667m2 and the 7m2, Sungnam-si, Sungnam-si.

(2) According to the above trust contract, G was designated as the first priority beneficiary, the first priority beneficiary company, the second priority community credit cooperatives, and the third priority engineering company (the former trade name before the amendment: Hyundai MCo Co., Ltd.; hereinafter “former engineering”). On January 2, 2013, part of the above trust contract was revised on January 2, 2013, G added Samsung Heavy Industries Co., Ltd. to the fourth priority beneficiary, which was the fourth priority beneficiary.

(hereinafter referred to as the “instant trust contract,” in total, prior to and after the amendment. The main contents relating to the instant case are as follows:

Article 1 (Purpose of Trust) (1) The purpose of this Trust Contract is to provide the beneficiary with trust benefits by constructing a trust building on the trust land, disposing of the trust land and the trust building, which is the trust property.

(2) Within the scope of trust property, a trustee shall bear the rights and duties of the owner of a building, and the responsibility for raising funds shall be determined according to the terms and conditions of the contract, which shall be borne by the truster or the person designated by separate agreement.

Article 14 (Methods of Disposal, Management, and Operation of Trust Real Estate) A trustee shall sell, manage, and operate trust real estate by the following methods:

1. A trustee may sell the trusted real estate in lots on the terms and conditions of the sale price determined in the business plan;

Provided, That even after the completion of the building due to the unsold housing, etc., the truster's preferential beneficiary shall be liable.

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