시행회사 지위 확인
1. The part of the judgment of the court of first instance regarding the defendant Military Mutual Aid Association shall be revoked.
2. The Plaintiff’s Military Mutual Aid Association
1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as follows, and thus, the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance.
2. Additional determination: Determination on the claim for liquidation money under a trust agreement with the Defendant Military Personnel Mutual Aid Association
A. The plaintiff asserted that the business promotion agreement between the defendant SP and the defendant Military Mutual-Aid Association was cancelled on November 6, 2009, and the defendant Military Mutual-Aid Association recovered the existing loan claims, pledge rights, and ownership of the trust property of this case against the plaintiff and thus the plaintiff recovered before transferring the business of this case to the defendant SP. If it is no longer possible to proceed with the business of this case, the plaintiff should appraise the trust property of this case and liquidate the amount after deducting the existing loan claims in accordance with the trust agreement entered into between the plaintiff and the defendant Military Mutual-Aid Association, etc., and claim for payment of KRW 100 million as part of the claim and its delay damages.
B. Determination 1) The Plaintiff did not specifically state the terms and conditions of the trust agreement with respect to the instant trust land, despite asserting that the instant trust land ought to be liquidated in accordance with the trust agreement concluded between the Defendant Military Mutual Aid Association, etc., and did not specifically state the terms and conditions of the trust agreement with respect to the instant trust land. According to the evidence submitted, regarding the instant trust land, the real estate disposal trust agreement between the Defendant Military Mutual Aid Association (trustee and beneficiary) on March 15, 2005 and the Defendant Military Mutual Aid Association (trustee) on three lots (Evidence No. 16) and the Defendant Land Trust (trustee), and ② the land 2456,
(3) On June 10, 2005, the real estate disposal trust agreement between the business owner corporation (trustee), the defendant's land trust (trustee), the defendant's Military Mutual-Aid Association (beneficiary), the plaintiff (contractor) and the plaintiff (contractor) on the land (Evidence B (Evidence B) and the plaintiff (contractor) on the land of five parcels, the plaintiff (trustee) on July 5, 2006, the land trust for the defendant (trustee, the trustee).