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(영문) 서울중앙지방법원 2015.09.25 2013가합556648
대위변제금 등
Text

1. Among the ancillary claims of the instant lawsuit, the part on the exercise by subrogation of the obligee’s right to benefit and the pledge of the right to benefit.

Reasons

1. Facts of recognition;

A. Details of the trust contract execution process and contents 1) A Co., Ltd. (hereinafter “Enforcement Company A”).

(B) On June 30, 2006, for the purpose of constructing a new apartment on a scale of 120 units by means of a sale-type land trust, B Co., Ltd. (hereinafter “B”) which is a contractor.

(i) the Defendant, the trustee, as well as the following (the primary content is extracted; hereinafter the same shall apply):

【Land Trust Business Agreement】 Article 1 of the Land Trust Business Agreement 【Business Outline’ is as follows. 2. Business site: Yangcheon-gu Seoul Metropolitan Government and one other (hereinafter “instant land”).

A person shall be appointed.

5. Scale: 1st underground floor and 10th ground (17,842.89m2).

7. Use: Article 18 [Delivery of Proceeds] of the apartment and auxiliary and welfare facilities (hereinafter “the instant building”) (1) The delivery of proceeds shall, in principle, be reserved until the time the Defendant determines that the project performance is reliable.

2. Where the occurrence of proceeds is certain even after appropriating project funds, such as construction funds, through the prompt sale of this project, and the flow of funds in the trust account is determined to be smooth, the executor A and the defendant may conduct provisional settlement and distribute dividends to beneficiaries in consultation with the executor A.

However, if a pledge approved by the defendant is established on the certificate of beneficial rights, the pledgee's prior consent shall be obtained.

2) On June 30, 2006, the enforcement company A entered into a “sale-type land trust agreement” with the Defendant for the trust of the instant land and the sale of the instant building (hereinafter “instant trust agreement”) as follows (hereinafter “instant trust agreement”).

2) The purpose of this trust is to construct the instant building on the land and sell the land and buildings (hereinafter “trust real estate”) as trust property. Article 12 of the Act / [Trust Benefits] Sale proceeds generated from the trust real estate (including contract money and intermediate payment, insurance money, and rent, etc.).

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