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(영문) 서울중앙지방법원 2014.06.19 2013가합18429
약정금
Text

1. Defendant B’s KRW 660,814,531 as well as 5% per annum from August 7, 2012 to November 5, 2013, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2008, Defendant B entered into a trust agreement and a new building management trust agreement (hereinafter “the instant land”) with Defendant C, Seocho-gu Seoul Metropolitan Government, under which the trust agreement with the Defendants and the trust agreement with C, with the content of the trust with the C, 535 square meters (hereinafter “instant land”) (hereinafter “instant trust agreement”).

On June 30, 2009, Defendant B entered into a management-based land trust agreement with Defendant Trust Company, under which the terms of trust agreement was modified and trusted to the land of this case and the buildings to be newly constructed on the land of this case to sell them in lots.

(2) In the following cases, the terms and conditions of the second trust agreement concerning the litigation costs relating to the trust property under the second trust agreement are as follows:

Article 18 (Payment of Expenses Incurred in Trust Business) (1) All the expenses incurred in the Trust Business including the following expenses shall be borne by the truster, etc.:

2. Taxes, public charges and trust fees on trust property, and litigation costs related to trust property;

(2) The trustee shall pay the expenses falling under each subparagraph of paragraph (1) from the trust property, and if it is impossible to pay them due to the shortage of the trust property, the truster, etc.

A trustee may claim, receive and pay the expenses under paragraph (1) to the truster, etc., and may, if necessary, have the truster, etc. deposit a reasonable amount in advance.

-special agreement - Article 13 (Non-Succession to Responsibilities of Trusters before or after Trust Contract), no co-trustee shall be liable for any matters not expressly succeeded to by the trustee among the rights and obligations of the trusters relating to the trust business, regardless of whether before

Article 18 (Lawsuit and Civil Petition Handling) (1) All lawsuits and civil petitions arising in connection with a trust business shall be liable for and handled by the truster and the City Corporation, and the trustee shall not be responsible for them.

(2) The trustee's intention.

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