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(영문) 서울중앙지방법원 2015.04.30 2014가단5054796
약정금등
Text

1. As to the Plaintiff’s KRW 62,354,360, and KRW 58,159,160 among them, Defendant B&C Co., Ltd.:

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the trust of land and its fixtures, and all related affairs, and Defendant Ulul C&C is a company that aims at housing construction and sales business, and Co., Ltd. prior to the merger is a company that aims at construction project services.

On the other hand, on August 8, 2013, the construction was dissolved after the merger with Defendant Down on the same day.

(hereinafter referred to as the “Defendant Dawki” for convenience of Down Construction Co., Ltd. (hereinafter referred to as the “Defendant Dawki”).

On March 201, the Plaintiff and the Defendants drafted “a management-type land trust agreement” (No. 2, hereinafter “instant trust agreement”) with regard to the sale of apartment units A in Gyeyang-si, Myun-si, Myun-si, Myun-si, Myun-si, A

In the above contract, the truster is the plaintiff, and the contractor is the defendant Slul C&C, and the trial is the defendant D&C.

Article 1. The purpose of this trust agreement is to provide the beneficiary with trust benefits by managing and operating a trust building on the trust land, by leasing or disposing of the trust property, etc., the truster is obligated to procure project costs, and the trustee is in the form of the project operator's rights and obligations within the scope of trust property, and the trustee is in the stable progress of the project.

Article 12 (Raising of Costs for Disposal of Trust Affairs) (2) All costs for trust affairs and business expenses shall be borne by the truster.

Provided, That if the truster is unable to do so, the contractor shall bear his responsibility.

Article 22 (Bearing Expenses for Disposal of Trust Affairs) (1) The following expenses shall be borne by the truster:

Provided, That if the truster fails to perform his/her duties, the construction work shall be filled therein.

1. Taxes, public charges, registration expenses, and trust fees for real estate in trust;

8. Damage a trustee has received without any negligence in the course of performing the trust affairs;

9. Other matters specified in the preceding subparagraphs.

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