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(영문) 서울중앙지방법원 2017.10.12 2017가합515492
신탁원부 변경 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff Company B (hereinafter “B”).

) C Co., Ltd. (hereinafter referred to as “C”), and “D Co., Ltd.” when referred to in both B and C.

)The project to develop multi-family housing E in Young-gu E in Suwon-si, Suwon-si (hereinafter referred to as the “instant project”);

(2) In relation to the above trust agreement, the Defendant Korea Asset Trust is a trustee who concludes a management-type land trust agreement with D company for the instant project and is entrusted with the management, etc. of trust property by D company. In relation to the above trust agreement, the Defendant ASM date, the Defendant BSM date, the Defendant BSM date, the joint beneficiary, the Defendant CY industry, and the CY date are the joint beneficiary, the joint beneficiary, the Defendant CY date, and the CY date are the joint beneficiary and the joint beneficiary designated as the third priority beneficiary.

B. The Plaintiff and F and D entered into a final agreement with F on April 10, 2014, while making several investments in the instant project and H urban environment rearrangement project implemented by D companies, and with F on the timing and method of returning KRW 5 billion invested by the Plaintiff, etc. The Plaintiff jointly and severally guaranteed F’s obligation to the Plaintiff (hereinafter “instant agreement”).

(2) The main contents of the instant agreement are as follows.

Article 1 (Investment Funds) of the Final Agreement

1. The Plaintiff’s flag investment amount: Article 4 (Investment Profits) of the Plaintiff’s investment profit of KRW 5 billion (investment amounting to KRW 4.75 billion, KRW 300 million, KRW 300 million, KRW 10 billion). The Plaintiff’s investment profit is paid KRW 10 billion, KRW 000,000, KRW 500,000,000,000,000,000,000,000,000

Article 5 (Time to Pay Investment Profits)

1. 5 billion won - 5 billion won of the Plaintiff’s investment profit 5 billion won of the Plaintiff’s investment profit - G with the person designated by the Plaintiff when the apartment sale rate exceeds 70%, 5 billion won of the certificate of beneficial interest of the instant project.

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