(영문) 서울고등법원 2014.12.11 2013나60724

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(영문) 서울고등법원 2014.12.11 2013나60724

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1. The plaintiff's appeal is all dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendants is the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties’ relevant Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the executor of the business that newly constructs and sells F Complex Facilities (with the 6th floor above the ground and consisting of 92 sectional ownership; hereinafter “instant building”) on the ground of the 2,089m2 (hereinafter “instant site”); the Plaintiff’s Intervenor (hereinafter “ Intervenor”) G Co., Ltd. (hereinafter “G”) is the lending financial institution; and the Plaintiff is the trust company that is responsible for the management and disposition of the instant site and building.

B. On June 30, 2008, the Plaintiff, Defendant Company, Intervenor G, and Korea Bank (hereinafter collectively referred to as “parties to a business agreement”) concluded a business agreement and an agent contract with the following terms for the implementation of the said business.

(hereinafter referred to as the “instant business agreement”). Article 3 Roles, Business Gap (Defendant Company), Eul ( Intervenor G), Byung (Plaintiff), and Jung (Korean Bank) shall perform the duties falling under any of the following subparagraphs, and bear the responsibility therefor:

(1) A shall perform the following duties as the implementer of this project:

6. Delegation the receipt, management, and execution of the project funds, proceeds from sale, etc. to sick persons, and support for the duties thereof;

9. The duty to carry out the sale management trust (or the security trust) to Byung after registration of ownership preservation at the time of completion of the building.

1. The completion of responsibility within the building period, irrespective of the payment of the construction cost.

1. Conclusion of a trust contract for the management of sale in lots for all the project sites;

2. To be entrusted with the sale management and trust (or security trust) of the building preserved and registered after the new construction of the building;

3. Proceeds from sale; and

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