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(영문) 서울북부지방법원 2017.09.28 2016가합2356
전부금
Text

1. The plaintiff (appointed)'s lawsuit shall be dismissed;

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

In fact, the non-party company and the defendant entered into a management-type land trust contract (hereinafter “instant trust contract”) with the defendant around April 10, 2015 in order to construct and sell a new building, such as retail market, on the ground of the area of 3,148.70 square meters (hereinafter “instant land”) in Seongbuk-gu, Sung-gu, Sung-si, Sung-si, and the defendant (hereinafter “instant land”). The main contents of the contract are as follows.

Article 1 (Purpose of Trust) (1) of the Land Trust Contract for Management-based Land (Purpose of Trust) The non-party company shall trust the land of this case to the defendant,

② The purpose of this trust is to construct the instant building on the instant land and sell the land and buildings (referring to the land and buildings collectively referred to as “trust real estate”) as trust property.

Article 9 (Duty of Good Faith) Where the Defendant has processed the construction work of a building, the sale, management and operation of real estate in trust, and other trust affairs as a good manager, the Defendant shall not be held liable even if any loss has occurred to the Nonparty Company or beneficiary

Article 12 (Trust Profits) (1) The proceeds from the management of money belonging to trust property, such as money for sale (including contract money and intermediate payment), deposit, etc. generated from trust real estate, and others corresponding thereto shall be the proceeds from trust.

Article 13 (Initial Beneficiary) The first Beneficiary of this Trust shall be a non-party company.

However, the third party can be the beneficiary.

Article 14 (Right to Benefit) (1) A beneficiary shall acquire trust proceeds calculated by the methods prescribed in the trust contract.

(2) A beneficiary shall receive the trust property in the manner prescribed by the trust deed when it terminates.

Article 23 (Trust Period) The period of trust shall be 18 months from the date of conclusion of the contract.

Provided, That where a beneficiary applies for the extension of the trust period by not later than 30 days prior to the expiration of the trust period, the non-party company and the defendant may extend this period through consultation.

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