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(영문) 서울중앙지방법원 2017.11.02 2017나47191
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1-1-7, Gap evidence 1-1-1-2, Gap evidence 2-1-2, and Eul evidence 3:

1) Conclusion of the instant trust agreement 1) Development of the Yellow Sea Industry by a limited liability company (hereinafter “Sur Sea Industry”).

(2) On or around December 30, 2014, the Defendant and the Defendant are 1236,5470 square meters (hereinafter “instant land”).

As to the management-type land trust contract (hereinafter “instant trust contract”) with the following content;

Article 1 (Trust Purpose) ① (A) of the instant land is entrusted to B (the Defendant refers to the case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case.

(2) Notwithstanding the provisions of paragraph (1), if there is a request from A or if there is a contract entered into with A before the trust agreement, B may decide whether to enter into a contract with the relevant enterprise by comprehensively taking into account technical manpower, design supervision capacity, contract amount, etc. (see, e.g., Special Agreement) (1) Article 15 (Modification of Design and Building Permission) (1) of the Civil Act (see, e.g., Special Agreement) (1) Article 15 (Modification of Design and Building Permission) (1) Article 15 (Change of Design and Building Permission), the change of design change or building permission shall be conducted through consultation with A, C, and E (the first priority beneficiary).

(2) Where the design change or change of building permit referred to in paragraph (1) of this Article has a significant effect on a seller for sale in lots or business balance, A and C shall be involved.

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