매매대금반환
1. Within the extent of trust property, the Defendant: (a) KRW 107,480,00 for the Plaintiff and its related thereto, from May 5, 201 to September 29, 2011.
1. Basic facts
A. 1) Conclusion of the instant business agreement, etc.
) The land outside B and nine parcels (hereinafter referred to as “project site”) shall be the land in the land of the B and the nine parcels.
(C) On the ground, the business of newly constructing and selling 11 commercial buildings on the ground (hereinafter “instant business”) and the results of the commencement of the instant business are “instant commercial buildings.”
On June 29, 2004, between the PF lending financial institution, the Si Corporation, the real estate trust company, and the Defendant, the real estate trust company, the non-party company borrowed project funds from the PF lending financial institution, and entered into a business agreement with the Defendant to entrust the Defendant with the receipt and management of the project site and the commercial building in this case as collateral, and to entrust the Defendant with the receipt and management of the sales revenue, etc. of the above business. After the change of the PF lending financial institution, the non-party company entered into the business agreement with the same content as above (hereinafter referred to as the “instant business agreement”).
(2) On June 29, 2004, the non-party company entered into a real estate security trust agreement on the commercial building of this case (the real estate security trust agreement on August 11, 2005 and June 26, 2006, which provides for the change or addition of the priority beneficiary) with the defendant, and entered into a substitute contract on May 13, 2005 to delegate the receipt, management, withdrawal, and execution of the sales price of this case to the defendant. On August 17, 2005, the non-party company completed the registration of preservation of ownership on the remaining buildings except 101 out of the commercial building of this case, and completed the registration of ownership transfer with the defendant as the trustee on the same day.
3. The defendant shall collect the sales price on behalf of the non-party company in accordance with the above business agreement, etc. of this case, and shall establish all the revenue related to the business of this case, including the principal of the loan, sales revenue, and the overdue charge of the buyer.