logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.23 2018가합52593
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. AF branch development company (hereinafter “AF branch development”) is an executor who implemented a new construction and sale business of D main aggregate buildings (hereinafter “D”) located on the ground C of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) was a real estate management-type trustee company; Hyundai Construction Co., Ltd. was a contractor; and the National Agricultural Cooperative Federation was a PF loans company.

The Korea Asset Trust completed the registration of initial ownership on March 9, 201, in accordance with the Land Trust Agreement on the Promotion of D New Construction and Sale Projects and the Management of Funds between the National Agricultural Cooperative Federation (hereinafter “instant real estate”), which was concluded on April 18, 2007 with respect to D including D No. 502, No. 107 (hereinafter “instant real estate”).

B. On the other hand, AF branch development borrowed money to many creditors under the name of the above implementation project fund, but the dispute and unsold in lots with the Hyundai Construction Corporation, which has occurred and failed to pay up to now, and the Plaintiff is a legal entity that has taken over the creditors of AF branch for the collection of claims.

C. Korean asset trust proceeds from a blanket auction on unsold stores and offices in D until April 2014, but failed to make a disposition of public auction by failing to comply with approximately 30% of the selling price until it reaches the said 30%.

Accordingly, the plaintiff and the plaintiff have sold some of the unsold commercial buildings and offices sold in a lump sum at an amount equivalent to about 30% of the selling price in lots from the Korean asset trust, and they have sold them to the trustee including the defendant at an amount equivalent to about 80% of the selling price, as if they were sold to the trustee, they have prepared a sales contract and completed the registration of transfer of ownership, and received loans under the name of the trustee and completed the registration of transfer of ownership, and the sale price for the Korean asset trust

arrow