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(영문) 서울중앙지방법원 2015.09.24 2014가합566222
의사표시 이행청구
Text

1. The defendant Grand Public Co., Ltd. is annexed to the Korean Asset Trust Co., Ltd.

Reasons

1. Facts of recognition;

A. The public co-ownership in the Defendant Company (hereinafter “public co-ownership in the Defendant Company”) is the implementer of the commercial facility construction project in the land for countermeasures against living in the separate housing site development zone in Namyang-si, Namyang-si, and the commercial facility construction project in the neighborhood living facilities 8-1, 2 block (hereinafter “instant business,” and the said commercial facility “instant commercial facility”) and the Defendant Grand Forest Co-ownership Corporation (hereinafter “Defendant Grand Forest Co-ownership”) is the contractor.

B. Around April 2012, the public administration, public administration, public administration, Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), and the Fisheries Cooperatives Federation concluded a business agreement and agency contract regarding the instant project (hereinafter “instant trust agreement”).

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

A: Defendant B’s public service (execution Agency) and Defendant B: Defendant B’s public service (contractors, second priority beneficiary): Korea’s asset trust (trustees), fixed amount: Article 3 [A] of the National Fisheries Cooperatives Federation of Fisheries Cooperatives (Loans, First Priority Beneficiarys) (1) A shall perform the following duties as the project executor:

5. Provision of funds necessary for the Project, payment of construction expenses incurred under a contract for construction works, and repayment of principal and interest of loans;

6. Delegation the receipt and execution of the project funds, proceeds from sale, etc. to Byung, and assistance in the performance thereof; 10. B and conclusion of a contract for services, such as the conclusion and execution of a contract for construction works, supervision, sale by proxy, etc.

1. Conclusion of a contract for sale, management and trust for the entire project site;

4.In the event that funds are to be withdrawn from the account for sale proceeds or the account for fund management, such as proceeds from sale in lots relating to this project, Article 22 (Method of Execution of Funds) (1) In the event that funds are to be withdrawn from the account for sale proceeds or the account for fund management, Party A shall obtain the consent of definition and obtain written request for service contracts,

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