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(영문) 서울중앙지방법원 2012.09.20 2010가합76066
임대차보증금반환 등
Text

1. The defendant Korea Asset Trust Co., Ltd. shall:

A. The Plaintiff A’s KRW 912,400,000 and KRW 523,00,000 among them.

Reasons

1. Basic facts

A. C on August 28, 2003, a housing site trust contract and agency contract 1) between the Defendant Company and C, as of August 28, 2003, the Defendant Company (a mutual asset trust company prior to the alteration) and C, and the Kucheon-gu Seoul Special Metropolitan City D 34,55.6 square meters (hereinafter “instant housing site”).

3) Ground E Commercial Building (hereinafter “instant building”)

2) A new project (hereinafter referred to as “instant project”)

In relation to the instant site, C is a real estate management trust contract (hereinafter “site trust contract”) for the purpose of borrowing funds from ELD Investment Securities Co., Ltd. and Yuuuuri Mutual Savings Bank and securing the obligation of the loan.

(2) On the same day, C, the Defendant Company, and the above lending financial institutions entered into an agency contract related to the instant business on the same day.

The main contents are as follows:

Article 2 (Definitions)

3. The term " proceeds from sale in lots, etc." means all the revenues related to the business of the Fund, such as down payment, intermediate payment, balance and the overdue charge of a buyer, interest income, refund for the tax related to the project, and withdrawals from loans borrowed by C from the lender pursuant to the loan agreement pursuant to the loan agreement;

5."Management of Funds" means the receipt and management of all revenues generated from "the Project", such as proceeds from sale, and the execution and management of project costs related to "the Project", such as construction costs and other project costs.

Article 5 (Delegated Matters) C shall delegate the following affairs to the defendant company:

The management of funds, such as sales contracts for the "this project" and revenue from sales through the fund operation account.

B. On February 21, 2005, the Plaintiff A had not completed the building of this case from C on February 21, 2005.

No. 805 of the underground floor.

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