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(영문) 서울고등법원 2016.07.13 2015나2053627
추심금등반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 30, 2012, the instant trust agreement concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant to provide funds for the development of MN industry between the Defendant and the subject of rights and obligations within the scope of trust property, and to provide the beneficiaries with the proceeds derived from the management and operation of trust property (hereinafter “instant trust agreement”), while carrying out the business of newly constructing and selling the neighborhood living facilities of the 2nd underground and the 11st floor above the ground of the 11st floor above the 9th floor above the 9th ground of Pakistan, Pakistan, etc. (hereinafter “MM development”). The main contents of the contract are as follows.

Article 1 (Purpose of Trust) This trust deed aims to provide beneficiaries with trust benefits by managing and operating a trust building on the trust land, such as leasing and disposing of such trust property. The truster (MT) is obligated to procure project costs and the trustee (Defendant) is in the form of the project undertaker’s right as the project undertaker, the right as the subject of the obligation within the scope of trust property and the stable progress of the project within the scope of trust property.

Article 12 (Raising of Costs Incurred in Performance of Trust Affairs) (1) No trustee shall be liable to procure all expenses incurred in performing trust affairs and business expenses (including any additional project expenses not anticipated at the time when a trust contract is concluded; hereinafter the same shall apply) in carrying out a project under

(2) The truster shall bear all the expenses incurred in performing trust affairs and financing business expenses under paragraph (1).

Provided, That where the truster is unable to perform, the contractor shall assume the responsibility therefor.

Article 14 (Project Owners, Liability Matters, etc.) (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.

(2) A trustee shall enter into any service contract as a project owner or project owner.

except that.

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