건물인도
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. B Co., Ltd. (hereinafter “B”) newly constructed a D building on the 7th and 20th above ground level (hereinafter “D building”) on the parcel outside Jongno-gu Seoul, Jongno-gu, and one parcel, and implemented the “E District Urban Redevelopment Project” (hereinafter “instant project”).
B. On October 31, 2003, the Military Mutual Aid Association leased KRW 135 billion to the business funds for the instant project including the construction of D buildings in B, and entered into a business agreement with B on the condition that the Military Mutual Aid Association would receive the principal and interest of the loan and the business income of KRW 35 billion in return for the lending from B (hereinafter “instant business agreement”).
On January 11, 2008, the Military Mutual Aid Association and B agreed to partially modify the instant business agreement.
C. On November 20, 2003, the Plaintiff: (a) on November 20, 2003, B and B entrusted all of the instant business site and the ground buildings to be constructed in the future to the Plaintiff; (b) entered into a trust agreement with the Military Mutual-Aid Association to determine the trust principal and trust proceeds as the priority beneficiary (hereinafter “the instant first trust agreement”).
On the other hand, on April 28, 2004, B entered into a fund management agency contract (hereinafter “instant fund management agency contract”) to determine detailed matters not stipulated in the business agreement regarding the management of sales price of the building with the Plaintiff and Military Mutual-Aid Association, and D building.
E. On May 6, 2004 and May 7, 2004, the Defendant sold each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) and D Building No. 219-1, B120, and 1705.
F. A new building was completed on July 27, 2007 and approved by the competent authorities, but at the time B did not pay the amount equivalent to KRW 17.5 billion out of the profits under the business agreement of this case to the Military Mutual Aid Association.
B The purpose of this case is to secure the remaining debts of the Military Mutual Aid Association.