(영문) 서울중앙지방법원 2016.06.24 2014가합51997

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(영문) 서울중앙지방법원 2016.06.24 2014가합51997

정산금

Text

1. The defendant shall pay KRW 509,264,232 to the plaintiff.

2. The defendant shall refer the plaintiff or his representative to the attached Form.

Reasons

1. Facts of recognition;

A. On September 30, 201, the Plaintiff entered into a trust agreement and a business agreement with the Defendant on the following: (a) the Plaintiff entered into a land trust agreement for sale-type land (hereinafter “instant trust agreement”) with the Defendant: (a) the construction of the instant officetel A and B ground Ctel (hereinafter “instant officetel”) implemented by the Plaintiff; (b) the Defendant entrusted the sales business to the Defendant; and (c) the Plaintiff as the beneficiary; and (d) on October 31, 201, the Plaintiff entered into a land trust agreement on the instant project (hereinafter “instant business agreement”).

The main contents of the instant trust agreement and the project agreement are as follows.

Article 10 (Duty of Good Faith) of the Trust Contract of this case is not liable to the truster or beneficiary even if any loss is incurred to the truster or beneficiary, where the trustee has disposed of the construction works on the building, the management and operation of real estate on trust, and

Article 22 (Period of Trust), unless the period of trust is fixed, shall be from the date of registration of trust to the date on which three months elapse from the date of approval for use of real estate in trust

Provided, That in extenuating circumstances, a trustee may adjust this period in consultation with the truster and beneficiary.

Article 25 (Delivery of Trust Property upon Termination of the Trust) (1) Where a trust deed is terminated, the trustee shall issue the trust property in accordance with the following methods after obtaining approval from the beneficiary with respect to the final accounting, in relation to the trust deed and redemption of

However, the beneficiary may be deemed to have consented to the matter of which the beneficiary has not filed an objection within a reasonable period of time, and may be omitted in the final invoice.

2. Trust property other than trust property shall be liquidated into money and delivered in such a manner as determined by the trustee.

Provided, That in case where the beneficiary is deemed to be reasonable, part of the property shall be made.

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