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(영문) 서울중앙지방법원 2019.12.18 2018가합581847
물품대금
Text

1. The cancellation of the trust contract concluded between Defendant KK corporation and Defendant L corporation among the instant lawsuit.

Reasons

1. Basic facts

A. 1) Defendant J from April 2015 to Defendant K, M Co., Ltd., and N Co., Ltd. (hereinafter referred to as “Defendant K, etc.”) in total, from around April 2015.

(2) The land of this case shall be selected as the contractor, and the land of this case shall be 1,00,000,000

(3) On the ground, a P hotel consisting of 335 rooms, 215 rooms, officetels 310 rooms, etc. (hereinafter “instant building”).

2) The project to newly build and sell a new project (hereinafter referred to as “instant project”).

(2) Defendant J began to sell the instant building from July 2015, and the instant building was completed on May 11, 2017.

B. A trust contract for the implementation of the instant project is concluded 1) Defendant J, L, L, Loan Financial Institutions, RBA, SBA, and TBA (hereinafter referred to as “Loan Financial Institutions”).

In order to implement the instant project on April 27, 2015, Defendant L was entrusted with the instant land and buildings by Defendant J and was a project proprietor within the scope of the said trust property, and managed and operated the trust property, paid trust benefits to the beneficiaries, and Defendant J concluded a management-type land trust agreement with the beneficiaries responsible for raising the project cost (hereinafter “instant trust agreement”).

(i) Article 15 of the Framework Agreement on Real Estate [Methods of Sale, Management and Operation of Trust Real Estate] A trustee shall sell (including lease or disposal) trust real estate in accordance with the following methods:

1. A trustee may dispose of the trusted real estate in lots (it may be disposed of) in terms of the amount and conditions prescribed in the business plan.

Provided, That where the truster's debts to the preferential beneficiary and the accrued construction cost for the trial even after the construction has been completed due to the unsold housing, etc., the trustee may dispose of the unsold goods at the request of the preferential beneficiary by means of discount, sale in lots, payment in kind, etc., and the truster and beneficiary shall not raise any objection thereto.

(b) the provisions of the special agreement;

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