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(영문) 수원지방법원안양지원 2014.10.31 2014가합2117
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff (a) is the party’s position 1) and the Plaintiff (a mutually advantageous Co., Ltd.) is the Plaintiff’s 6,504m2 above ground B (hereinafter “instant building”) in Ansan-si.

) New construction and sale projects (hereinafter referred to as “instant projects”)

) is an executor of the Company, and the comprehensive development of the Personal Identity of the Company (hereinafter referred to as “Newwon”);

(2) The Defendant is an agent company entrusted with the instant project site. The Defendant is the Seoul Savings Bank, Seoul Savings Bank, Seoul Mutual Savings Bank, Jeju Mutual Savings Bank, Jeju Mutual Savings Bank (hereinafter each “Seoul Savings Bank”), Jeju Mutual Savings Bank, and Jeju Mutual Savings Bank (hereinafter the “Seoul Savings Bank, Jeju Mutual Savings Bank,” and Jeju Mutual Savings Bank, respectively, and if each of the above financial institutions is jointly referred to, the “loan Financial Institution”) is the lender of the instant project financing.

B. On December 29, 2005, the Plaintiff entered into the instant business agreement and trust agreement with the Defendant, personal identification, loan financial institutions, and the “business agreement and proxy contract (hereinafter “instant business agreement”)” for the instant business. On the same day, the Plaintiff entered into a real estate security trust agreement with the Defendant and the loan financial institution as the priority beneficiary to trust the instant business site to the Defendant. The main contents of the instant business agreement are as follows. Article 4 of the instant business agreement (the duties and the Plaintiff, as the operator of the instant business, perform the following duties:

1. Securing full ownership in the project site, cancelling restricted real rights, and repaying debts;

2. Financing of the Project.

6. Conclusion of a real estate security trust contract, etc. (3) The defendant shall perform the following duties as a fund management company with delegation from the parties to the agreement:

1. Trust of security for all the project sites;

2. The following affairs related to the agency for fund management:

(a) The business of managing funds, such as the opening, management, operation, and execution of accounts;

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