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(영문) 서울중앙지방법원 2019.07.19 2019가합506799
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 18, 2012, C Co., Ltd. and Defendant Co., Ltd. (hereinafter “C”) entered into a land trust agreement with the Defendant for sale-type land (hereinafter “instant trust agreement”) and the Defendant entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant that manages the instant trust land and sells new buildings in lots, etc. in order to construct a new building on Pyeongtaek-si D 779.40 square meters (hereinafter “instant trust land”).

B. On June 18, 2012, the Plaintiff, the Defendant, C, and E concluded a land trust business agreement (hereinafter “instant business agreement”) with respect to the construction of a new urban residential housing on the instant trust land.

The contents of the instant project agreement relating to the instant case are as follows.

The truster and beneficiary C Co., Ltd (hereinafter referred to as the "trustee"), the trustee Co., Ltd. B (hereinafter referred to as the "trustee"), and the lending financial institution E (hereinafter referred to as the "loan Financial Institution"), and the Si Co., Ltd. A (hereinafter referred to as the "Si Co., Ltd.") (hereinafter referred to as the "Si Co., Ltd.") shall agree on the basic matters related to the implementation of projects (hereinafter referred to as the "Agreement") between the parties in order to perform the projects prescribed in Article 2 (hereinafter referred to as "the project") by means of

Article 16 (Raising of Required Funds) (1) The "trustee" shall raise the funds needed for the trust business by any of the following methods:

1. Proceeds from sale;

2. The trustee's loan;

3. Other revenues in principle, Article 17 (Order of Fund Execution) (1) Funds raised by a trustee shall be executed in the following order:

1. Taxes (including value-added tax) and public charges, and expenses for registration of trust property;

2. Supervision expenses, such as design supervision expenses, sales by proxy, etc., expenses incurred in performing trust affairs, and trust remuneration;

3. Construction cost.

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