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(영문) 인천지방법원 2019.09.05 2017가단252283
손해배상(기)
Text

1. The defendant shall pay the plaintiffs the amount of claim in attached Form 1 and the amount of award in attached Table 1 "the amount of tolerance" and this shall apply.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the owners or residents of the Nam-gu Incheon Metropolitan City L (Road Name Address: M) N apartment Odong (hereinafter “Plaintiff building”). The number of housing units and the patterns of ownership or residence by the Plaintiff are as indicated in the amount claimed in the attached Table 1 and the amount to be cited in the table of the amount to be cited. 2) P (trustee), Defendant (trustee), and Q Co., Ltd. (hereinafter “the instant trust contract”) concluded a management-type land trust contract (hereinafter “instant trust contract”) that contains the same contents as below, around September 2016, and decided to newly construct the existing building (hereinafter “Defendant building”) in the size of the 1 to 14th underground floors, multi-family housing units, 26 households, and 26 rooms of officetels, after removing 4 existing building on the ground of the Plaintiff’s building (hereinafter “instant site”).

The first owner of the Defendant building was P, but the owner of the building was changed to the defendant on October 26, 2016 according to the instant trust contract.

Article 1 (Purpose of Trust) (1) The purpose of this trust is to entrust the trustee with the instant site, and the trustee shall accept it and construct the Defendant building on the instant site, and then sell the land and buildings as trust property.

Article 13 (Change, etc. of Project Implementer) A truster shall submit to the trustee all relevant documents concerning the matters approved or permitted for a trust project or the matters being promoted, and shall transfer or succeed to the external status of the project implementation to the trustee, such as the name of the project implementer, after concluding a trust contract.

Article 14 (Construction of Buildings) (1) The contractor shall determine the construction of a trust project.

However, if there is a contractor who entered into a contract for construction works with the truster before the conclusion of the trust contract, the trustee may succeed to the contract for construction works after examining the eligibility of the contractor.

Article 20 (Methods of Disposal, Management, and Operation of Trust Real Estate) A trustee shall do so in accordance with the following methods:

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