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(영문) 서울중앙지방법원 2018.11.08 2016가합551514
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (formerly: G) is a company operating a housing construction business, etc.; Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a real estate trust company; Defendant C is a representative director, Defendant D, E, and F of the Defendant Company.

B. From around 2006, the Plaintiff purchased a plot of land outside H and 75 lots (hereinafter “instant land”) from the Posi-si, Northern-si, and promoted a multi-family housing construction project (hereinafter “instant project”). As the Posi-si refuses to approve the project plan, the Plaintiff obtained the approval of the project plan from the Posi-si, Port (hereinafter “instant project plan”) only after September 2010 through administrative litigation.

C. On January 25, 2013, the Plaintiff, a truster and beneficiary between the Defendant Company, entrusted the instant land to the Defendant Company, and the Defendant Company, a trustee, concluded a sale-type land trust agreement (hereinafter “instant trust agreement”) with the purport of constructing and selling an apartment with a scale of 585 households on the said land (hereinafter “instant apartment”). The main content of the instant trust agreement is as follows.

Article 9(Duty of Good Faith) The Defendant Company shall not be held liable to the Plaintiff or beneficiary for any loss incurred to the Plaintiff or beneficiary in the event that construction works, sale, management and operation of real estate in trust, and other trust affairs are dealt with as a good manager.

Article 10 (Exemption from Liability for Litigation) The defendant company shall not be liable for the procedural acts concerning trust property unless it has consented to it at the request of the plaintiff.

Provided, That this shall not apply where the defendant company deems it necessary to file a lawsuit in connection with the performance of trust contracts.

Article 22 (Trust Remuneration) (1) Of the trust remuneration of the Defendant Company arising from this Trust Business, the development work remuneration shall not exceed 5% of the construction cost, and the sale work remuneration shall be the sales revenue amount.

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