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(영문) 서울고등법원 2016.09.29 2016나2030799
감리용역대금청구
Text

1. The judgment of the court of first instance is modified as follows.

Upon the ancillary claim added at the trial, the defendant shall be the defendant.

Reasons

Based on the facts, the CN Global Co., Ltd. (hereinafter “CN Global”) entered into a trust agreement with the instant construction project (hereinafter “CN Global”) on October 9, 2009, obtained project approval for the construction project of the Kudong-dong, Dongdong-gu, Seoul Special Metropolitan City (hereinafter “instant construction project”).

The trust agreement of this case is concluded as follows in order to carry out the new construction of multi-family housing and the sale of multi-family housing on a parcel of land other than 172-2 m2 m2 (hereinafter referred to as "trust land") in Seodaemun-gu, Seoul Special Metropolitan City, Korea Asset Trust (trustee and Trustee), Kudong Construction Co., Ltd., Korea Securities Finance Co., Ltd. (Korea Securities Co., Ltd.) and on a trust business entity of Kinwest privately placed real estate investment trust and Hyundai Skinkin Real Estate Investment Trust, Korea Securities Co., Ltd. (Co., Ltd.).

Article 1 (Purpose of Trust) (1) The purpose of the instant trust agreement is to construct an apartment house with 1,006 households (hereinafter “trust building”) on the trust land and to pay trust benefits to beneficiaries by operating the trust property, such as disposing of the trust property, the trust property, the trust property, and the trust building.

(2) The purpose of Korea Asset Trust is to determine the terms and conditions of a contract according to the UN Global or separate agreement, on which the owner bears the rights and obligations of the owner within the scope of trust property, and the responsibility for financing is borne by the person designated by the UN Global or separate agreement.

Article 3 (Period of Trust) (1) The period of trust shall be simple within 42 months from the date the trust contract of this case is concluded, and the period may be extended by mutual consent between the beneficiary and the Korean asset trust before the termination of the trust

Article 28 (Termination of Trust) The Trust Contract shall be terminated in any of the following cases:

1. Where the purpose of trust is achieved;

2. Where the purposes of trust can not be achieved;

3. Where the period of trust expires, Article 37 (Special Agreement and Revision to Trust Contract) (1) The Korea Asset Trust shall be made under the Trust Contract;

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