logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.06 2016가합560341
유보금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2014, the Plaintiff entered into a trust agreement with the Defendant, and the Gangdong-gu Seoul, Gangdong-gu, C, D, E, F, and G land (hereinafter “instant land”).

The purpose of this case is to newly construct and sell officetels buildings on the ground level 2 and 13 stories above ground level (hereinafter “instant project”).

2) The Plaintiff, the trustee, the trustee, and the first priority beneficiary in common, concluded a management-type land trust agreement with the Plaintiff, the trustee, the Defendant, and the first priority beneficiary in common, the Korea Investment Savings Bank, the In-House Savings Bank, and the trust property as the land in this case (hereinafter “instant trust agreement”).

(2) On November 3, 2014, the Plaintiff completed the registration of ownership transfer pursuant to the instant trust agreement to the Defendant regarding the instant land.

3) The Plaintiff and the Defendant: (a) on October 31, 2014, in order to promote the instant project; (b) Dongchim Construction Co., Ltd. (hereinafter “Dong Construction”)

(B) A contract was concluded between the Plaintiff and Dong Construction and the Defendant’s contract succession 1) on August 19, 2014, between Korea Investment Savings Bank, Korea Investment Savings Bank, Korea Investment Savings Bank, and Korea Asset Savings Bank, under the construction of Dong-gu. A contract was concluded between the Plaintiff and Dong Construction and the Plaintiff’s contract succession 1) on the instant land to contract the construction of a study building of the 2nd underground and the 13th underground floor of the instant land to Dong-gu Construction.

(2) Under the instant contract, the scope of the project was set by the method of a package contract, the construction cost of KRW 5,490,000 (excluding value-added tax), and 12 months after the commencement of the construction period. 3) The Plaintiff, the Defendant, and the Dong-gu Construction shall succeed from the Plaintiff on November 13, 2014; and the Defendant shall succeed from the Plaintiff as the owner of the instant contract and the contractor’s status as the contractor.

arrow