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(영문) 인천지방법원 2018.07.18 2017가단221821
계약금배액 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 17, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant E concluded a management-type land trust agreement (hereinafter “instant trust agreement”) with Defendant D (hereinafter “Defendant D”) for a new building project on the instant land, as the owner of Suwon-si F, and two parcels (hereinafter “instant land”). The main contents of the agreement are as follows.

The truster: Defendant C and E: The purpose of this Agreement is to construct a building on the ground of this case and to provide the beneficiary with trust benefits by managing and operating it by leasing, disposing of, etc. the trust property on the ground of this case, and to provide the beneficiary with the trust benefits, the truster is obligated to procure project costs and the trustee is in the form of a project proprietor’s rights and obligations within the scope of trust property and to stably implement the project in the form

Article 14 (Project Owners, Liability Matters, etc.) (2) A trustee shall enter into any service contract as a project owner or project owner.

Provided, That where a truster has already entered into a contract, he/she may succeed the contract.

Article 16 (Performance, etc. of Sale Business) (1) A truster shall conduct sale business, such as sale advertising and sales contracts.

Article 18 (Protection of Purchasers) (2) A trustee shall refund the sales price where a buyer requests the refund of the sales price already paid by the buyer due to justifiable grounds for termination of the sales contract and reasons for refund of the sales price.

[Matters of special agreement] Article 19 (3) of the sales contract or seller's status entered into with the buyer is decided to be a trustee (defendant D), but the truster (defendant C and E) shall print the stamp image with the truster and manage the buyer's overall affairs and all obligations arising from the trustee (such as receipt of the sales price, cancellation of the sales contract, repayment of the sales price upon termination, transfer of ownership, etc.).

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