(영문) 서울중앙지방법원 2019.05.24 2018가합563757

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(영문) 서울중앙지방법원 2019.05.24 2018가합563757

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff and the Defendant entered into a land trust business agreement (hereinafter “instant business agreement”) with regard to the business of constructing an officetel (hereinafter “instant officetel”) on the ground of sale-type land trust on the land (hereinafter “instant land”) on the land of Sungwon-si, Seowon-si, Seowon-si (hereinafter “instant land”). The Plaintiff entered into a land trust business agreement (hereinafter “instant business agreement”).

The contents of the instant project agreement concerning the instant case are as follows.

Article 14 (Raising of Required Funds) (1) "B" shall raise the required funds by any of the following methods:

According to Article 24 of the instant business agreement, the parties to the instant business agreement may separately determine and operate the terms and conditions of the special agreement as necessary for the performance of the business (Paragraph 1), and if there is any special agreement different from the terms and conditions of the main text of the instant business agreement, the said special agreement takes precedence over the main text of the instant business agreement (Paragraph 2). Since Article 1(25) of the instant special agreement amends the main text of Article 14(1) of the instant special agreement, the said special agreement is amended.

1. Proceeds from sale;

2. Substitute payments of “B”:

3. Funds trusted from "A" (the limit shall not exceed 15/100 of the project cost);

4. In principle, other revenues shall be executed in the following order:

1. Taxes, public charges, and registration expenses for trust property are imposed according to Article 19 (Disposition of Taxes and Taxes) ① Taxes and public charges (such as acquisition and registration taxes following the registration of preservation of a building) imposed according to the promotion of this project shall be borne by “A” even if they are imposed in the name of

(2) Where the expenses referred to in the preceding paragraph are incurred, "A" may be paid or paid from the trust property at the request of "B".

B. The plaintiff.

유사 판례

-서울고등법원 2012.02.24 2010나37112

-서울고등법원 2018.05.11 2017나2041710

-서울중앙지방법원 2016.06.23 2015가합560757

-서울고등법원 2015.04.17 2014나33729

-서울중앙지방법원 2014.01.09 2012가합35632