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(영문) 서울중앙지방법원 2015.05.19 2014가합583425
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Article 1 (Purpose of Trust) (1) of the Land Trust Contract for Sale-type Sale-Type Land (Purpose of Trust) is entrusted to the defendant, and the defendant shall accept the land in this case.

2. The purpose of this trust is to omit attached documents attached to the instant trust contract for convenience listed in attached Form 2 on land.

means a building of 10 floors to be newly constructed.

The construction of the building and the sale of land and buildings (hereinafter referred to as "trust real estate") as trust property.

Article 9 (Methods of Disposal, Management, and Operation of Trust Real Estate) A trustee shall sell, manage, and operate trust real estate in accordance with the following methods:

1. A trustee may sell the trusted real estate in lots on the terms and conditions of the sale price determined in the business plan;

Article 5 (Management and Execution of Funds) (2) In principle, funds to be procured shall be executed in the following order:

4. Construction cost (within the limit of three billion won (excluding value added tax), out of the total construction contract amount including advance).

6. The amount of pledge on the certificate of beneficial rights or the amount of preferential right;

7. (1) A trustee may discount or sell unsold portions or dispose of them by means of payment in kind, etc., after consulting with a truster and priority beneficiary, in order to recover trust loans, to cover expenses for trust business, and management expenses, after obtaining approval for use of building.

(2) Where the repayment of trust loans and loans of financial institutions has not been completed at the time three months elapse after approval for use of a building, notwithstanding paragraph (1), the trustee may implement methods of adding additional amounts to unsold goods, public sale in accordance with the Trust Real Estate Public Sale Regulations of the trustee, and lending through security, etc. in order to repay loans, and in such cases, the truster and preferential beneficiary shall not raise any objection.

Article 21 (Special Agreement on Transfer of Right to Benefit and Change of Beneficiary) (1)

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