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(영문) 서울중앙지방법원 2016.02.18 2015가합565868
약정금 청구의 소
Text

1. Defendant H’s KRW 10,667,590 to Plaintiff A, KRW 10,748,150 to Plaintiff B, KRW 8,411,580 to Plaintiff C, and KRW 22.

Reasons

1. Basic facts

A. Defendant H is the implementer of the K Commercial Building in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant commercial building”). Defendant I Co., Ltd. (hereinafter “Defendant I”) is the starting works of the instant commercial building, and the Plaintiffs are the sectional owners of the instant commercial building.

B. On July 207, 2007, the Defendants and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) entered into a land trust agreement with the Defendants and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) with respect to the construction of the instant commercial building, Defendant H, the executor of the construction and sale business of the instant commercial building, entrusted the land located in the instant commercial building and the instant commercial building to the Korea Asset Trust. The Korea Asset Trust entered into a management-type land trust agreement with the content that the said trust property will be sold and managed under the terms

C. On November 6, 2007, Defendant H demanded the buyer of the instant commercial building to consent to the conversion of the fee store to the sales store (the sales store in this case is jointly leased the store owned by the buyer to the lessee, and the sales management expenses, such as management expenses, personnel expenses, advertising promotion expenses, various public charges and corporate tax, etc., and the sales store is paid to the buyer after deducting the sales management expenses from the profit accrued from the leased store). Defendant H notified that Defendant H would pay 3% of the sales price’s maximum profit rate of 2 years from the commencement date of the business of each of the above stores (the payment security is insufficient when the profit rate of 3% is below the profit rate) to the buyers of the instant commercial building, and some of the buyers of the instant commercial building is expected to be the Defendant.

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