수익금 등
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 510,502,681 as well as to the plaintiff on January 2018.
1. Basic facts
A. On February 1, 2012, the Plaintiff (mutual name prior to the modification: Heavy SPS Construction Co., Ltd.) and the Heavy SPS Construction Co., Ltd. (hereinafter “SPS Construction”), the Defendant and the Intervenor’s Intervenor (hereinafter “ Intervenor”) concluded a land trust agreement with the purport of securing full ownership of the land as the truster and beneficiary; the Defendant, as the trustee, concluded a land trust agreement with the Plaintiff and the Medium SPS Construction Co., Ltd. to perform the construction work as the contractor; and the Plaintiff and the Intervenor, as the contractor, concluded a land trust agreement with the purport of performing the construction work as the contractor.
The main contents of the project agreement in relation to this case are as follows:
Article 5 (Authorization, Permission, and Conclusion of Trust Contract, etc.) (1) Sale-type land trust contracts shall be concluded after the intervenors have acquired the building permit and license for the instant project.
Article 18 (Delivery of Earnings) (1) In principle, the delivery of revenues shall be reserved until the time the defendant determines that the project performance of this case is reliable.
② The Intervenor and the Defendant may make a provisional settlement and distribute dividends to the Intervenor, if it is certain that the occurrence of the proceeds is certain even if the funds for the project, such as construction funds, are appropriated through the prompt sale of the instant project, and the cash flow of the trust account is deemed smooth.
However, if the right of pledge is established on the certificate of right to benefit, the pledgee's prior consent shall be obtained.
Article 24 (Operation of Special Terms and Conditions) (1) Any plaintiff, middle SPC construction, defendant, and intervenor may separately determine and operate special terms and conditions as necessary for the performance of the project.
2. If a special agreement has been entered into by the Plaintiff, Middle SPS Construction, the Defendant, and the Intervenor, contrary to the provisions of the main sentence of this Agreement, the agreement shall prevail.