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(영문) 서울중앙지방법원 2015.09.22 2014가합526996
부당이득반환 청구의 소
Text

1. As to KRW 655,903,248 among the Plaintiff (Counterclaim Defendant) and its KRW 200,000,000 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) shall have on May 10, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 29, 2008, the Plaintiff entered into a sale-type land trust agreement (hereinafter referred to as the “instant trust agreement”) with the Defendant for the purpose of selling in lots by newly constructing and selling an officetel called “Yannaneaneean Lease” on the part of the Defendant and the Defendant in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

On the same day, the Plaintiff entered into a land trust business agreement with the Defendant and KD Construction Co., Ltd. for the instant trust business (hereinafter “instant business agreement”).

The main contents thereof are as follows:

[This case's trust contract] (1) The defendant may appropriate funds necessary for building construction and performing trust affairs for the trust property, or borrow funds at the expense of the plaintiff and beneficiary.

In such cases, the borrowing of funds includes the borrowing of funds from the Defendant’s own account and the borrowing of funds from the Defendant’s own account.

(4) The amount, repayment period, conditions, etc. of the loan due to the borrowing of funds under paragraph (1) shall be determined by the defendant, and, in case of necessity, the defendant shall

Article 17 (Payment of Expenses) (1) The following expenses shall be borne by the plaintiff:

1. Taxes, public imposts, and registration expenses for the trust property;

2. Design and supervision expenses and construction cost;

3. Repayment of loans, rental deposit, etc. and interest thereon;

4. Repair, preservation, and improvement expenses of real estate in trust, and fire insurance premiums;

5. Expenses incurred in selling in lots and in dealing with rental affairs;

6. Other expenses corresponding to the subparagraphs of the preceding paragraph. (2) The defendant shall pay the expenses under paragraph (1) from the trust property, and if it is impossible to pay them, he/she may request and receive them to the plaintiff, and if necessary, he/she may have the beneficiary deposit

(4) Where the defendant has paid the various expenses under the preceding paragraph by subrogation, the relevant substitute payments and interest thereon.

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