(영문) 서울중앙지방법원 2014.10.23 2014가합533758

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(영문) 서울중앙지방법원 2014.10.23 2014가합533758

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 15, 2007, the non-party company entered into a land trust contract with the Defendant to newly build and sell the apartment house (C apartment) (hereinafter “instant project”) on the land B and 45 lots in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the non-party company entered into a land trust contract (hereinafter “instant trust contract”) with the purport that the non-party company will newly build and sell the instant apartment and pay the proceeds therefrom to the non-party company.

The main contents of the instant trust agreement are as follows.

The truster seems to be changed to the non-party company due to the non-party's reasons after D representative director E, the truster company.

(hereinafter referred to as "A") and the representative director of the trustee A (hereinafter referred to as "B") shall conclude a trust contract as follows:

Article 1 [Purpose of Trust] (1) “A” shall entrust the land listed in attached Form 1 (hereinafter referred to as “land”) to “B”, and “B” shall take over the land.

2. The purpose of this trust is to construct the buildings listed in the attached Form (2) (hereinafter referred to as the "building") on the land and to sell the land and buildings (hereinafter referred to as the "trust real estate") by collectively referring the land and buildings as trust property.

Article 13 [Beneficiary and Beneficiary Rights] (1) The beneficiary of this trust shall be "A".

Article 17 (Payment of Expenses) (1) The following expenses shall be borne by the beneficiary:

1. Taxes, public imposts, and registration expenses for the trust property;

6. Other expenses equivalent to those under each of the preceding subparagraphs. (2) The term "B" shall pay the expenses under paragraph (1) from the trust property, and if unable, it may be claimed and received from the beneficiary, and if necessary, it may require the beneficiary to deposit an amount equivalent to

(4) "B" shall be referred to in the preceding paragraphs.

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