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(영문) 서울고등법원 2017.05.11 2015나2058721
대위변제금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The details of the trust contract and the contents thereof 【Land Trust Business Agreement】 Article 1 of the 【Land Trust Business Agreement’ are as follows.

2. Project site: Yangcheon-gu Seoul Metropolitan Government and one parcel (hereinafter referred to as “instant land”).

5. Scale: 1st underground floor and 10th ground (17,842.89m2).

7. Use: Article 18 [Delivery of Proceeds] of the apartment and auxiliary and welfare facilities (hereinafter “the instant building”) (1) The delivery of proceeds shall, in principle, be reserved until the time the Defendant determines that the project performance is reliable.

2. Where the occurrence of proceeds is certain even after appropriating project funds, such as construction funds, through the prompt sale of this project, and the flow of funds in the trust account is determined to be smooth, the executor A and the defendant may conduct provisional settlement and distribute dividends to beneficiaries in consultation with the executor A.

However, if a pledge approved by the defendant is established on the certificate of beneficial rights, the pledgee's prior consent shall be obtained.

1) A Co., Ltd. (hereinafter “Enforcement Agency A”)

(B) On June 30, 2006, for the purpose of constructing a new apartment with 120 households of three units by means of a sale-type land trust, B Co., Ltd. (hereinafter “B”) which is a contractor.

(i) the Defendant, the trustee, as well as the following (the primary content is extracted; hereinafter the same shall apply):

(2) The purpose of this trust is to construct the instant building on the land and sell in lots the land and buildings (hereinafter referred to as the “trust real estate”) as trust property. Article 12 / [trust proceeds] The money belonging to trust property, such as the sale amount (including contract money and intermediate payment), various insurance proceeds, and rent, and its operating profits, and others corresponding thereto, shall be trust proceeds. Article 13 / [beneficiary and beneficial interest, the beneficiary of this trust, the beneficiary of this trust, shall be A, the executor of this trust.

However, with the consent of the third party, it shall be obtained.

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