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(영문) 서울중앙지방법원 2012.12.20 2012가합14901
매매대금반환 등
Text

1. Defendant C and K non-real estate trust companies are individually and Defendant K non-real estate trust companies.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”), and the company appearing below is omitted except for the first indication.

2) The term “instant commercial building” refers to “F building” located in the Suwon-si District E (hereinafter “instant commercial building”).

(2) The Defendant KB Real Estate Trust Co., Ltd. entered into a sale management trust agreement with Defendant C on the parking lot E in the Yongsan-si District E, which is the land for the instant commercial building, and is a trustee entrusted with the management of sale and receipt of payment, and the Defendant CD Construction Co., Ltd. entered into a construction contract with Defendant C and newly constructed the instant commercial building.

3) Defendant New L&C Co., Ltd. is the sales agency of the instant commercial building, and the management agency of the instant commercial building, which actually takes charge of management, operation, lease, management, etc. of the business site of the sales site of the instant commercial building and the distribution of fishery products. (b) On December 17, 2008, the Defendant C and the Defendant KN real estate trust, which entered into a contract for agency business and sales management trust, entered into a contract for agency business and sales management with the following terms and conditions, respectively, and the main contents thereof are as follows:

6. To delegate the receipt, management, and execution of business funds and sales proceeds to the defendant KF real estate trust, and to support the affairs related thereto;

8. Obligations to sell, manage, and trust the entire project site to Defendant KF real estate trust;

9. The duty to sell, manage and trust after the completion of the building to the Defendant KF real estate trust; 11. Notification to the Defendant KF real estate trust of all contracts entered into in connection with the project; 16. The daily data on the present status of the sales contract to the Defendant KF real estate trust.

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