(영문) 서울중앙지방법원 2016.10.05 2016가합510506

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(영문) 서울중앙지방법원 2016.10.05 2016가합510506

약정금

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1. The Defendant’s KRW 504,321,510 among the Plaintiff and KRW 22,00,000 among the Plaintiff, shall be KRW 482,321,510 from August 21, 2014.

Reasons

1. Basic facts

A. On November 16, 2007, the target industry corporation, lender construction corporation, the plaintiff, and the defendant entered into a management-type land trust contract (hereinafter "the trust contract of this case") for the construction and sale of the target industry-based apartment (hereinafter "the apartment of this case") and the related contents as follows.

Article 1 (Purpose of this Agreement) (1) The purpose of this Agreement is to protect buyers and to ensure the stable performance of the project at the request of the truster (the main construction company, the target industry corporation) and the contractor (the defendant).

(2) In relation to the preceding paragraph, a lender construction company, a target industrial company shall perform all the business affairs related to the provision of a business site, the procurement of business expenses, the authorization and permission, etc., and the defendant shall be fully responsible for the truster's business affairs, such as the acquisition of business rights when he/she fails to perform his/her duties due to the execution of construction works, all the related affairs, such as the seller and the proceeds from sale, and the trustee's default on duties due to the trustee's default on duties due to the trustee's default on duties, etc., and the plaintiff shall engage in the business affairs of lending only the name of the changed implementer within the scope of managing and selling the land and buildings (referring to the land and buildings as the "trust real estate") as trust property, and the purpose of this contract is to mutually define the guidance of the land trust business in the form of management-type land that is not fully responsible

Article 8 (Business Contribution and Good Faith) (3) The plaintiff shall carry out the following affairs:

After concluding a trust contract, the registration of trust and the management of ownership of trust real estate;

(4) The defendant shall perform the following affairs:

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