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(영문) 서울중앙지방법원 2011.12.13 2010가합78796
추심금
Text

1. The defendant shall pay to the plaintiff KRW 963,068,492 as well as 20% per annum from August 12, 2010 to the day of full payment.

Reasons

1. Facts of recognition;

A. B, on the land listed in [Attachment 1] List 1 through 3 (hereinafter “instant land”), as a result of the construction and sale of the “C apartment” (hereinafter “C apartment”) which is a residential and neighborhood living facility building (hereinafter “instant apartment”) not more than the attached Table 1’s list on the land indicated in attached Table 1’s list of real estate (hereinafter “instant land”), selected as a Si construction company, and entered into a real estate disposal trust agreement (hereinafter “instant trust agreement”) between the Defendant and the Nonparty Company as the first beneficiary, with the following content.

[The contents of the instant trust contract (explication)] The truster Gap (B; hereinafter the same shall apply) entrusted the real estate (hereinafter “instant real estate”) listed in the real estate list in attached Table 1 to the trustee Eul (the Defendant; hereinafter the same shall apply) and entered into a real estate disposal trust contract (hereinafter “trust contract”) as follows.

Article 1 (Trust Purpose) The purpose of this Trust is to carry out the disposal of the instant real estate in this case.

Article 3 (Trust Period) From December 19, 2008 to December 18, 2009

Article 4 (Beneficiary) (1) In this trust contract, a beneficiary shall be in principle A, and if a separate designation is required, it shall be prescribed by a special agreement.

(2) A may designate or change a beneficiary with the consent of B.

Article 6 (Disposal of Trust Real Estate) (1) B shall dispose of trust real estate in accordance with the disposal price, method, and disposal conditions deemed appropriate, and shall be determined, if necessary, in consultation with A or beneficiaries.

Article 8 ( Originals of Trust) The originals of Trust shall be the real estate acquired by its subrogation or the property acquired by its subrogation, the proceeds from sale and disposal of the real estate in trust, the profits accruing from the management of money belonging to the trust property, the borrowings under Article 5 and other equivalents.

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