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(영문) 서울북부지방법원 2017.11.09 2017가합67
매매대금
Text

1. The plaintiff (appointed)'s lawsuit shall be dismissed;

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. Trust contract 1 between the non-party company and the defendant) The non-party company is the non-party company 3,148.70m2 (hereinafter “the land of this case”).

3) On the ground, the building, including retail market, is a building (hereinafter “instant building”).

A) A management-type land trust contract (hereinafter “instant trust contract”) with the Defendant around April 10, 2015 to carry out the business of newly building and selling new land in units.

Article 1 (Purpose of Trust) (1) of the Land Trust Contract for Management-Related Land (Purpose of Trust) provides that the non-party company shall entrust the land of this case to the defendant, and the defendant shall take over the land of this case. (2) The purpose of this trust is to construct the building of this case on the land of this case and sell the land and buildings (referring to the land and buildings as a general term “trust real estate”) as trust property. Article 9 (Duty of Good Faith) is not liable even if any damage is incurred to the non-party company or the beneficiary, even if the construction work of the building, the sale, management, and operation of the real estate in trust, and other trust affairs as a good manager.

Provided, That where a beneficiary applies for the extension of the trust period by not later than 30 days prior to the expiration of the trust period, the non-party company and the defendant may extend this period through consultation.

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