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(영문) 서울중앙지방법원 2017.07.21 2016가합537402
수익금 등
Text

1. The defendant shall pay KRW 525,520,153 to the plaintiff.

2. The defendant shall list the plaintiff or his representative in attached Form 2.

Reasons

1. Basic facts

A. On February 1, 2012, the Plaintiff (hereinafter “instant land trust agreement”) and the Heavy Esccom Construction Co., Ltd., the Defendant, and the Intervenor’s Intervenor entered into a land trust agreement with the main purpose of obtaining full ownership of the land as the truster and beneficiary of the instant project, and the Defendant’s Intervenor entered into the instant land trust business agreement with the Plaintiff and the Heavy Esccom Construction Co., Ltd. (hereinafter “instant land trust business agreement”) on the following grounds: (a) on February 1, 2012, the Defendant, as the trustee and beneficiary of the instant project; (b) the Defendant, as the trustee, and (c) the Plaintiff and Heavy Esccom Construction Co., Ltd., as the contractor, mainly take charge of construction of the building (hereinafter “instant land trust business agreement”).

The Intervenor joining the Defendant established G Co., Ltd. to promote the instant project.

The main contents related to this case in the land trust business agreement of this case are as follows.

Article 5 (Authorization and Permission of Construction and Conclusion of Trust Contract, etc.) (1) Sale-type land trust contract for the instant project is concluded by the Intervenor joining the Defendant after obtaining the construction authorization and permission for the instant project.

Article 18 (Delivery of Earnings) (1) In principle, the delivery of revenues shall be reserved until the time the defendant determines that the project performance of this case is reliable.

② The Defendant, in consultation with the Intervenor joining the Defendant, may make a provisional settlement and distribute the amount to the Intervenor joining the Defendant, if it is deemed clear that the occurrence of revenues is possible even if the instant project costs, such as construction funds, are appropriated due to the prompt sale of the instant project.

However, if the right of pledge is established on the certificate of right to benefit, the pledgee's prior consent shall be obtained.

Article 24 (Operation of Special Provisions) (1) The plaintiff, the defendant, and the defendant joining the defendant need to undertake the project.

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