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(영문) 서울고등법원 2018.09.21 2017나2042263
수익금확인 등
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The E Co., Ltd. (1) (F. : F. hereinafter “E”) is the owner of the original R and four lots of ground D-lease apartment (hereinafter “original D-Lease apartment”) and the Young-si Posi-si Posi-si Posi-si Posi-si Posi-si Posi-si Posi-si, the Plaintiff is the operator and the sales agent of the original D-Lease apartment, and the M Co., Ltd. (hereinafter “M”) is the E-related company and J (hereinafter “J”) is the Plaintiff’s related company.

(2) On July 27, 2005, E, M, and J agreed that E and M will assume the obligation or guarantee of payment in the event they borrow funds necessary for conversion of the original state and the original D-Lease apartment from a financial institution.

B. On August 12, 2005, the original D Rental Apartment Real Estate Management Trust Contract (1) E and G Co., Ltd. (hereinafter “G”) concluded a trust agreement for real estate management (hereinafter “instant trust agreement”) with the trustor as real estate in trust, and with the trustor as the beneficiary of E, trust real estate principal, and proceeds, and with the preservation and management of the registration title of G’s real estate in trust, and upon conversion into lots, E entered into a trust agreement for real estate management (hereinafter “instant trust agreement”).

Article 6 (Disposal Price) The disposal price of the real estate shall be more than the estimated disposal price in addition2.

Provided, That where deemed necessary at the time of disposition, E and G may adjust the disposal price in consultation.

Article 7 (Conditions of Disposal) (1) The succession of rights and duties to real estate in the disposal of real estate on trust property, the method of payment of the price, the time of payment and other conditions on the disposal shall be as shown in Appendix 3

Article 20 (Termination of Trust and Delivery, etc. of Trust Property) (1) The trust contract shall terminate by the expiration of the trust period, early termination or termination of the contract, and the application for the transfer of ownership and the cancellation of the trust registration shall be G.

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