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(영문) 서울중앙지방법원 2017.10.13 2017가합527891
추심금
Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual rate of 6% from April 6, 2017 to October 13, 2017, and the following.

Reasons

1. Basic facts

A. 1) Nonparty Yyoung Co., Ltd. (hereinafter “Kyoung Co., Ltd.”) is a trust agreement.

(3) On March 15, 2013, the Defendant and the Gyeong-dong, Gyeong-dong, Chungcheongnam-dong, 77, the business of newly constructing and selling an officetel of the “Nuri-si” (hereinafter referred to as “instant trust business”).

In relation to the instant trust project site and officetels to be constructed on the instant trust project site (hereinafter referred to as “instant trust real estate” by aggregating the instant trust project site and the ground buildings.

(2) The trust contract of this case is a sale-type land trust contract with the purport that the Defendant, while managing the trust property of this case as trust property, sells and disposes of it and distributes the proceeds therefrom (hereinafter “instant trust contract”).

(2) In addition, on March 14, 2013, the land trust business agreement (hereinafter “instant land trust business agreement”) was concluded for the construction of a new building under the instant trust agreement.

Article 15 (Self-Payment Order) (1) of the Land Trust Business Agreement of this case shall be executed in accordance with the following order:

Article 12 (Business Management Services Contracts, etc.) (1) "B" means "A" to perform the following duties for smooth progress of the project and efficient management of the project, for the sake of smooth progress of the project and efficient management of the project.

1. Monitoring of the trend of the sale market in lots and notifying "B" thereof;

2. Ascertainment the current status of sales in lots and strategies for sales promotion of the competitive sales establishment and notification of "B";

3. Assistance in the management of building up “B”;

4. Other assistance to the business matters of “B”.

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