beta
(영문) 부산고등법원 2020.07.23 2018나56780

대여금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,245,227,397 as well as the full payment from January 15, 2017.

Reasons

1. Basic facts

A. 1) F Co., Ltd. (hereinafter “F”) (hereinafter “Land Trust Business Agreement”)

A) Around 2014, according to the Defendant’s proposal, the Defendant: (a) the type of trust with the purport that the so-called “F-owned Busan land trust owner and the truster and real estate trust company enter into a trust contract for development and return the remaining profits to the truster after the completion of the development project; (b) as part of performing the said plan, the Defendant planned to sell new buildings on the above land at a short time after the completion of development; (c) as part of carrying out the said plan, F is the truster, E Co., Ltd. (hereinafter “E”) as the trustee; (d) the Plaintiff is the Si Corporation as the beneficiary; and (e) G is the joint guarantor of the Si Corporation as a joint guarantor of the Si Corporation, and (e) in relation to the performance of the said construction sale project by the method of the sale-type land trust, the scope of the business of the above parties, rights, and obligations, etc.; and (e) the terms of the agreement on September 24, 2014.”

3) Of the “Land Trust Business Agreement” (No. 10 Evidence A), the part that can generally identify the role, rights, and obligations of the interested parties, among the “Land Trust Business Agreement” in documentizing the above agreement, is as follows (hereinafter the “instant Business Agreement”). The said agreement is deemed as the “instant Business Agreement” and the said land trust Business Agreement is deemed as the “instant Business Agreement.”

1. The term "sale-type land trust" is defined as follows: (a) land (including buildings and structures acquired at the time of the creation of a trust; hereinafter the same shall apply) entrusted by a trustor who is a contractor or a project proprietor and is entrusted by the trustor; (b) the term "sale-type land trust" is defined as follows: