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(영문) 서울남부지방법원 2017.05.25 2016가합107456
매수인지정 통지의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D, the Defendant, and the New Real Estate Trust Co., Ltd. (hereinafter “D”). D (hereinafter “D”)

around 2002, the above company is the land of Yeongdeungpo-gu Seoul Metropolitan Government E and 24 lots (hereinafter “instant site”).

2) After acquiring the ownership in a lump sum, Franc (hereinafter “instant commercial building”) on the ground.

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

(2) The D has entered into a business agreement between the Defendant, a corporation, and a real estate trust (hereinafter referred to as “living real estate trust”) on February 21, 2002 and again entered into a business agreement between the third party on February 21, 2002.

3. 28. The terms and conditions of the above business agreement were clarified by three parties to enter into an agency contract.

The summary of the above business agreement and the agency contract is as follows: (a) if D acquires the ownership of the site in this case and concludes a contract with the Defendant designating the Defendant as the priority beneficiary and completes the registration of trust; (b) the Defendant newly constructs the commercial building in this case according to the construction contract as the contractor; and (c) where the management trust of the real estate in this case carries out the management of the sales contract and the deposit and withdrawal of the sales price as the management trust, but the balance of D’s principal and interest or the account payable for the construction cost remains until the completion or approval for use is obtained, the third party’s roles and duties relating to the business in this case shall be determined, such as having to be entrusted with the disposal trust within the scope where the outstanding claim against the

B. Each supply contract and payment contract between the plaintiffs and D 1) The plaintiff C entered into a supply contract with D on October 16, 2002 and attached Tables 3 and 4 (hereinafter "instant sales contract"). The plaintiff C entered into a supply contract with D on October 16, 2002.

(2) The buyer shall pay in full the sale price and other payments and within 60 days from the date on which the preservation of ownership of D is completed.

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