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(영문) 서울중앙지방법원 2018.12.14 2017가합526256
공사대금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff)’s (Plaintiff) assets trust amounting to KRW 512,071,650 and the two.

Reasons

1. Basic facts

A. On February 20, 2014, the Defendant B&W concluded a land trust contract and a business agreement for sale-type land. On February 20, 2014, it is deemed that the instant land was located outside A and four parcels (hereinafter “instant land”).

3) On the ground, urban residential housing 172 households, 200 rooms for business facilities (tels), and 15 square meters for neighborhood living facilities (hereinafter “instant building”).

) a new construction and sale project (hereinafter referred to as “instant project”)

(2) On February 20, 2014, for the instant project, the Plaintiff, the Defendants, and the savings bank in charge of the settlement of disputes in the form of land trust, which trust the instant site to the Defendant Coco Asset Trust, entered into a trust agreement on the type of land in lots. (2) On February 20, 2014, the Plaintiff, the Defendants, and the savings bank in charge of the settlement of disputes in the form of land trust, trusting the instant site to the Defendant Coco Asset Trust as the truster and the beneficiary, and the Defendant Coco Asset Trust, the trustee, is in charge of the development of the instant site and the raising of business funds. The Plaintiff, the contractor, is the new construction of the instant building

In progress, the Incheon Savings Bank, which is the first priority beneficiary, shall enter into a sale-type land trust business agreement (hereinafter referred to as the “instant business agreement”) with a view to carrying out a loan of KRW 1.5 billion for the instant project.

3) The main contents of the instant project agreement are as stated in the business agreement for the land trust in attached Form 1.

B. On February 25, 2014, the Plaintiff entered into a contract for construction works with the Defendant B&D and the instant construction works. The main contents are as indicated in the construction contract agreement signed on February 25, 2014. 2) On March 26, 2014, the Plaintiff entered into a new contract for the instant construction works (hereinafter “instant contract”) with the Defendants pursuant to the instant project agreement. The main contents are as indicated in the construction contract written on March 26, 2014.

3 The land B, adjacent to the site of this case, is owned by C.

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