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(영문) 서울중앙지방법원 2018.06.28 2016가합575466
추심금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) In the implementation of a housing project of self-ion temperature development, etc., a stock company (i) self-ion temperature development (hereinafter “self-ion temperature development”) implemented a housing project that constructs a “C” apartment (hereinafter “instant apartment”) and neighborhood living facilities with the scale of four to 233 households, Dong-gun B in Gyeonggi-do.

(2) On July 14, 2015, self-ion development entered into a housing sale guarantee contract with the Defendant, a trust company, the Si Construction Company, and the Incheon Fisheries Cooperatives, the first beneficiary of the instant housing project (hereinafter “the instant trust contract”). Around September 2, 2015, the Defendant who became the owner of the instant housing project pursuant to the said trust contract entered into a housing sale guarantee contract with the Korea Housing and Urban Guarantee Corporation, and commenced the sale of the instant apartment.

The main contents of the instant trust agreement are as follows.

Article 1 (Purpose of Trust) (1) The purpose of this trust agreement is to construct a building listed in attached Form 2 (hereinafter referred to as “trust building”) on the land listed in attached Form 1 (hereinafter referred to as “trust land”) and dispose of the trust land and the trust building (hereinafter referred to as “trust real estate”) and to pay trust benefits to the beneficiary.

Article 6 (Trust Property) The term "trust property" means any of the following properties or property rights managed and disposed of by a trustee according to the trust purpose:

1. Trust real estate and money;

Article 20 (Bearing Expenses for Management of Trust Affairs) (1) The following expenses shall be borne by the beneficiary:

(2) A trustee shall pay the expenses referred to in paragraph (1) from the trust property to the beneficiary or a separate agreement if the purchaser is unable to pay them.

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