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(영문) 서울중앙지방법원 2010.02.05 2009가합12615
손해배상(기)등
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 December 13, 2006, the Plaintiff entered into a land trust agreement with the Defendant and a land trust agreement and a sale-type land trust agreement (hereinafter “instant business agreement and trust agreement”) in the first week B (the terms of each contract were modified on April 16, 2008), and the main contents thereof are as follows.

[This case's Trust Business Agreement] Article 3 / [Business Allocation and Cooperation Obligation] The plaintiff, defendant, and Pung Forest Industry (hereinafter "Pung Forest Industry") share the following business affairs and cooperate in order to achieve the purpose of this project:

1. The plaintiff, as the truster of the main business, shall perform the following duties:

2) Assistance to the Defendant’s sales in lots, such as approval of projects (including approval of modifications) under a construction plan;

2. The defendant, as a trustee of the main business, shall perform the following duties in cooperation with the plaintiff and the scenic industry, etc.:

1) Article 1 [Purpose of the instant trust agreement] (2) The purpose of the instant trust agreement is to construct buildings on land and to construct land and buildings (hereinafter referred to as “land and real estate on trust property”). The purpose of the trust agreement is to provide funds to contractors under the contract for construction works, such as process management, administrative support for the large administrative agency, and trust affairs 3) sales performance and sales payment.

Article 9 (Duty of Good Faith) The Defendant shall not be held liable even if any loss is incurred to the Plaintiff or the beneficiary, if it is disposed of as a good manager with respect to construction works on the building, management and operation of the trusted real estate, and other trust affairs, as a good manager. Article 22 (Cancellation of Trust Contract ① Termination of Trust Contract shall not, in principle, be terminated.

(2) Notwithstanding the provisions of paragraph (1), a beneficiary may terminate the trust contract in consultation with the defendant in extenuating circumstances.

(e).

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