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(영문) 서울남부지방법원 2018.12.13 2018가합102943
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The truster D (hereinafter “A”) and the trustee C (hereinafter “B”), the 2nd priority beneficiary F (hereinafter “A”), and the first priority beneficiary E (hereinafter “A”) of the construction project and the alteration of the construction project, such as the progress of the new construction project, including the tenement house, and the construction project, shall enter into a management-type land trust agreement and set special terms and conditions as follows, in promoting the construction and sale of the building by the land trust method on the attached land:

Article 1 (Trust Purpose) (1) A shall trust the land listed in attached Form 1 (hereinafter referred to as "land") to B, and B shall acquire it.

2. The purpose of this trust is to construct buildings listed in attached Form (2) (hereinafter referred to as "building") on land and to carry out the business of selling land and buildings by using them as trust property.

Article 3 (Construction of Building) (1) A shall select a construction company to be in charge of the construction of a building and enter into a contract for the construction work with such company.

(2) Eul shall consult in advance with Gap about the contract amount, method of payment of construction expenses, period for publication, and other important matters regarding the contract for construction works under paragraph (1).

(3) Notwithstanding paragraph (1), where a request is made by A or there exists a contract concluded with A before the trust contract, B may determine whether to conclude the contract with the relevant enterprise, comprehensively taking into account technical manpower, execution capacity, contract amount, etc.

Article 4 (Borrowing of Funds) (1) A may appropriate funds necessary for the construction of buildings and the performance of trust affairs for trust property, or borrow funds at the expense of A and beneficiaries.

(2) B may borrow money from a financial institution, etc. by providing trust property (land, building, etc.) as security at the expense of a beneficiary in order to recover all expenses incurred in performing trust affairs until the loan under paragraph (1) or the completion of the business, and Gap and beneficiaries shall cooperate with the beneficiary.

(4) This paper.

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