공사대금 등
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment and performance shall be revoked.
1. In the first instance court, the Plaintiff requested construction cost payment, the registration of establishment of mortgage, the registration of ownership preservation expenses, and the management expenses. The first instance court rejected the claim for the registration of ownership preservation expenses and the management expenses, and dismissed the claim for the construction cost and the claim for registration of establishment of mortgage.
As to this, the plaintiff appealed only with respect to the claim for the construction cost and the claim for the registration of establishment of a mortgage, and the defendant did not appeal against the judgment of the first instance court.
Therefore, the subject of the judgment of this court is limited to the claim for construction cost and the claim for registration of mortgage.
2. Basic facts
A. On August 10, 2006, Scarg Industry Co., Ltd. (hereinafter “Scarg Industry”) entered into a trust management type land trust contract (including special agreement; hereinafter “instant trust contract”) with attached Form 1, as follows, on the ground of 773,545 square meters (hereinafter “instant land”) in Jung-gu, Jung-gu, Incheon (hereinafter “instant land”). Accordingly, the Scar industry entered into a trust agreement (including special agreement; hereinafter “instant trust agreement”) with respect to the instant land under the name of Defendant 1, on August 10, 206, with respect to the instant land.
Article 1 (Purpose of Trust) (1) The Scar industry is entrusted to the defendant with the land of this case (hereinafter referred to as "land"), and the defendant shall accept it.
② The purpose of this trust is to construct the instant cooking (hereinafter only referred to as “building”) on land and to construct land and buildings (hereinafter collectively referred to as “trust real estate”).