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(영문) 광주고등법원 2020.02.05 2019나22516
추심금
Text

1. The judgment of the first instance, including the plaintiffs' claims selectively added by this court, is as follows.

Reasons

1. Basic facts

A. D and the Defendant’s agency office contract, etc. 1) D are the “F hotel” of the size of the two underground floors E and the total of 288 rooms above the 10th floor above the ground in Seopopoposi City (hereinafter “instant hotel”).

(2) D is a trust deed for sale management (hereinafter “instant trust deed”) with the land, etc. described in paragraph (1) and the Defendant as real estate on November 18, 2015 as a trust property.

Defendant and G Co., Ltd (hereinafter referred to as “G”) on the same day.

) and H Co., Ltd. (hereinafter “H”)

2) The Plaintiff entered into a business agreement and an agency contract with respect to the new construction and distribution business of the instant hotel (hereinafter “instant agency contract”).

2) Of the instant trust agreement and the agency contract, the contents pertaining to the instant case are as follows (hereinafter “trustee”) and the “implementer” refer to D; “C” refers to “A”; “trustee” and “trust” refer to the Defendant; and “financial institution” refer to “A” respectively.

(2) The trust contract of this case is a business in which the truster newly constructs or expands and sells the building (hereinafter referred to as the "sale business") in accordance with the "Act on Sale of Building Units (hereinafter referred to as the "Building Units Act")".

(B) the trustee’s trust property (including any additional trust of the completed building).

) protect the buyer by preserving and managing the ownership and protect the buyer and the truster (if there is another debtor, including the debtor)

The purpose is to liquidate and settle trust property when the debtor fails to perform his/her obligation. Article 12 (Protection of Purchasers) (2) In cases where the truster is unable to implement the project due to default, bankruptcy, etc., or where the trust contract is terminated and settled halfway due to other reasons, the proceeds from the disposal of trust property shall be paid first to the refund of the proceeds from sale in preference to other right holders, such as preferential beneficiaries, etc.

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