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(영문) 서울고등법원 2017.07.07 2016나2047155
정산금
Text

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

The defendant shall pay to the plaintiff KRW 50,151,416 as well as to the plaintiff on August 2016.

Reasons

1. Facts of recognition;

A. On September 30, 201, the Plaintiff entered into a trust agreement and a business agreement with the Defendant, and entered into a land trust agreement (hereinafter “instant trust agreement”) with the Defendant regarding the construction and sale of a new-sale-type land (hereinafter “instant trust agreement”) under which the Plaintiff entrusted the Defendant with the instant officetel’s new construction and sale-type project implemented by the Plaintiff and the Plaintiff’s beneficiary. On October 31, 201, the Plaintiff entered into a trust agreement with the Defendant and the Si Corporation, the trustee, and the land trust agreement on the said new-sale-sale project (hereinafter “instant business agreement”).

The main contents of the instant trust agreement and the project agreement are as follows.

Article 10 (Duty of Good Faith) of the Trust Contract of this case is not liable to the truster or beneficiary even if any loss is incurred to the truster or beneficiary, where the trustee has disposed of the construction works on the building, the management and operation of real estate on trust, and

Article 22 (Period of Trust), unless the period of trust is fixed, shall be from the date of registration of trust to the date on which three months elapse from the date of approval for use of real estate in trust

Provided, That in extenuating circumstances, a trustee may adjust this period in consultation with the truster and beneficiary.

Article 24 (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;

4. Where the trust contract is terminated under Article 23, Article 25 (Delivery of Trust Property upon Termination) (1) Where the trust contract is terminated, the trustee shall issue the trust property in the following methods after obtaining approval from the beneficiary with respect to the final accounting, in accordance with the deed of beneficial interest and redemption:

However, the beneficiary shall be deemed to have consented to the matter of which the beneficiary has not filed an objection within a reasonable period of time.

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