(영문) 수원지방법원 2015.06.25 2014가합8595

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(영문) 수원지방법원 2015.06.25 2014가합8595

공탁금출급권확인

Text

1. The case real estate trust company deposited by the Seoul Eastern District Court No. 5203 on December 31, 2013, 1,456.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs real estate development business, etc., and the Defendant is a corporation that acquires and develops land for housing site development business, etc.

B. On June 11, 2010, the Defendant: (a) concluded a business agreement with a public business operator and the Defendant, the owner of the instant business site, as the owner of the instant project, on June 11, 2010; (b) the Plaintiff, the construction business entity, the Plaintiff, the Plaintiff, the public business entity, and the private business entity, and the Plaintiff, the Hawon Investment Securities Co., Ltd. (hereinafter “KB Trust”); and (c) the KB Real Estate Trust Co., Ltd. (hereinafter “KB Trust”); (d) the designer, the comprehensive architect, the architect, the comprehensive architect of the architectural office; and (e) YPD, the sales agent. The main contents are as follows.

Article 1-2 (Definitions of Terms and Conditions of Project Agreement)

7. The term “SPC” means a special purpose corporation (tentative : B) established by the investment of the defendant and the private business operators in accordance with the business plan and this Convention for the implementation of the project;

(1) The Parties will establish SPC within 30 days from the date of conclusion of this Convention for the implementation of the Project.

Article 3-2 (Transfer of Ownership and Provision of Security) The defendant shall pay 40% of the purchase price to SPC, at the same time transfer the ownership of the land for this project to SPC, and SPC shall submit to the defendant the second priority right certificate of the land for the management-type trust after entrusting the site for this project to K non-trust as a security for any balance unpaid.

Article 4-1 (Scope of Duties and Roles of Parties) The scope of duties and roles of each Party for the implementation of this project shall be as follows:

(1) The scope and role of the defendant is as follows.

1. Investment in the SPC;

2. Supply of a site for the main project;

3. Support for business activities related to the authorization and permission of this project;

4. Assistance in the sale of this project;

5. Substantial supervision and implementation of the overall project.

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