(영문) 서울중앙지방법원 2020.07.08 2019가합519658

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.07.08 2019가합519658

채권양도의 의사표시 등

Text

1. The defendant expresses his/her intent to transfer claims to the plaintiff (attached Form) with respect to each claim listed in the list of claims.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established to carry out the trust of real estate and real estate development business related thereto with authorization pursuant to the provisions of the Financial Investment Services and Capital Markets Act.

The defendant is a person who operates real estate business as a business under the trade name of C.

B. The Defendant, including the conclusion of a land trust contract between the Plaintiff and the Defendant, carried out the business of constructing and selling the buildings with the 7th underground floor and the 15th ground level above the ground level on each land in Busan-gun and E (hereinafter “each land of this case”).

On May 31, 2017, the Defendant concluded a land trust business agreement (hereinafter “instant business agreement”) and a sale-type land trust agreement (hereinafter “instant land trust agreement”) with the Plaintiff for the instant business.

Of the instant project agreement and the instant land trust agreement, the truster, trustee, and the contractor under Article 4 (Business Apportionments and Cooperation Obligations) of the instant project agreement shall share the following duties and mutually cooperate in order to achieve the objectives of the project:

1. The truster shall perform the following duties as the truster of the main business:

(j) Article 35 (Registration, etc. of Business Operators) of the instant Land Trust Contract to be returned to a trust account when taxes and public charges, such as acquisition tax, comprehensive real estate holding tax, value-added tax, etc., imposed under the name of a truster in connection with the instant project, and refund of value-added tax, upon occurrence of refund money of the instant land trust account.

(2) The value-added tax, etc. refunded to the business operator under paragraph (1) shall be comprehensively transferred by the trustee.

Article 12 (Disposition of Value-Added Tax) (1) A truster shall make every return of value-added tax related to the trust business.

참조조문

-자본시장과 금융투자업에 관한 법률

유사 판례

-서울중앙지방법원 2021.02.17 2020가합540948

-서울중앙지방법원 2021.03.24 2020가단5012175

-청주지방법원 2018.01.17 2017가합200372

-서울고등법원 2012.02.24 2010나37112

-서울중앙지방법원 2017.07.14 2015가합536389