공사대금 등 청구의 소
1. The plaintiff (Counterclaim defendant) delivered to the defendant (Counterclaim plaintiff corporation) the land indicated in the attached Table I to the defendant (Counterclaim plaintiff corporation).
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The J Co., Ltd. concluding a management-type land trust agreement and a trust business agreement (hereinafter “instant executor”) is an executor who has undertaken a new construction of Liart recreational condominium (hereinafter “instant Liart”) and a sales business in the Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
On July 24, 2008, Defendant F Co., Ltd. (hereinafter “Defendant F”) entered into a management-type land trust agreement (hereinafter “instant management trust agreement”) with Defendant F Co., Ltd. (hereinafter “M”) and a management-type land trust business agreement (hereinafter “instant business agreement”) with the instant executor and contractor on the same day.
The main contents of the instant management trust agreement relating to this case are as follows.
Article 1 (Purpose of Trust) The purpose of this trust agreement is to stably carry out the business within the scope of trust property in the form of the project proprietor’s right as the project proprietor and the duty holder, and to stably carry out the business in the form of the project, within the scope of trust property, in which the truster (Defendant F) is obliged to procure the project cost and the trustee (Defendant F) is responsible for the management and operation of the instant resort on the instant trust property (hereinafter “instant trust property”) such as the construction of the instant resort and the lease and disposal of the trust property on the instant plot of land (hereinafter “instant trust property”).
Article 13 (Contract for Construction Works) (1) A trustee shall enter into a contract for construction works with a contractor.
Provided, That if there is a contract for construction works already concluded between the truster and the contractor, such contract may be succeeded.
Article 14 (Project Owners, Liability Matters, etc.) (1) A trustee shall have the rights and duties as a project owner or project owner within the scope of trust property.
(2) A trustee shall enter into any service contract as a project owner or project owner.
Provided, That where a truster has already entered into a contract, he/she may succeed the contract.
Of the instant project agreement, the instant case.