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(영문) 서울중앙지방법원 2018.09.11 2017가합571164
약정금
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the network D (hereinafter “the deceased”). The Deceased invested in the hotel J construction project on the land of Seopo-si in Jeju Special Self-Governing Province, G, and H (hereinafter “I-dong land”), the Jeju Special Self-Governing Province Seopo-si, K, and L (hereinafter “M-dong land”)’s ground hotel construction project implemented by E.

B. On March 21, 2014, the Defendant entered into a trust contract for sale management of I-dong land (hereinafter “instant trust contract”) with E, completed the registration of ownership transfer by trust on the same day. On February 29, 2016, the Defendant entered into a trust contract for sale management of M-dong land (hereinafter “instant trust contract”) and completed the registration of ownership transfer by trust on the same day. The main contents of the instant trust contract are as follows.

Article 1(Purpose of Trust) The purpose of this Trust Contract is to protect the buyer by preserving and managing the ownership of the trusted real estate (including the case where the completed building is additionally entrusted) in the business that the truster constructs or expands and sells the building on the trust real estate (hereinafter referred to as the "sale business") in accordance with the Act on the Sale of Buildings, and to liquidate and settle the trusted real estate when the trustee (including the case where there is a separate debtor) fails to perform his/her obligation to the truster (including the case where there is a separate debtor).

Article 6 (Revenues from Sale) A trustee shall use proceeds from sale in the account for the management of proceeds from sale in accordance with a project agreement and an agency contract.

Article 8 (Beneficiarys) (1) Beneficiaries and preferential beneficiaries in this trust deed shall be designated as shown in attached Table 3.

(2) A truster may change the beneficiary with the consent of the trustee.

Provided, That the trustee may refuse to accept the consent when there is a reasonable ground for the protection of interested persons.

(3) A beneficiary's right to benefit shall be vested in the trust property.

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