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1. As to Defendant B’s KRW 197,370,00 and its KRW 174,150,000 among them, Defendant B’s Co., Ltd. shall be from August 1, 2019 to January 7, 2020.
Reasons
1. Basic facts
A. On June 14, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a sale management trust agreement with Defendant C to preserve and manage the ownership of real estate held in a trust and to settle the real estate held in a trust by realizing the real estate held in a trust with the trustor at the time of nonperformance by the trustor. In order to implement the business of newly constructing and selling Btel on the land outside Daegu-gu and 12 parcels (hereinafter “instant business”), Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a sale management trust agreement between Defendant C Co., Ltd. (hereinafter “Defendant C”).
B. Defendant B is the executor of the instant project, and Defendant C, as an agent trust company, entered into a business agreement and an agency contract with FF Co., Ltd., a contractor, and G Cooperatives, a financial institution, with respect to the instant project (hereinafter “instant agency contract”). Of which, the provisions on Defendant C’s liability are as follows.
Article 18 (Management, etc. of Sale Contracts) (4) To receive sales proceeds only from Byung (Defendant C), the sales contract shall specify the following provisions in order to clearly indicate the accounts for sales proceeds management and to clearly indicate the scope of duties according to the protection of buyers and the receipt of sales proceeds from Byung:
2. Byung shall take charge of the management of funds, such as proceeds from sale, and shall not take responsibility as a seller (the same shall apply where a disease directly transfers to a buyer) / [the method of executing funds] Article 22 / [the method of executing funds] (1) In the case of withdrawing funds from a fund management account, Gap (Defendant B) shall obtain the consent of Eul (FF Co., Ltd.) to make a written request to Byung for the disbursement of funds.
(2) A shall reasonably request Byung in relation to the execution of the funds and materials proving that the funds will be used as the project funds when requesting withdrawal.