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1. The defendant shall be the plaintiff.
(a) Attached 2 drawings among the real estate listed in Attached 1 List 1, 1, 2, 3, 4.
Reasons
1. Basic facts
A. Nonparty 2 Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is an executor of the business of constructing and selling a complex building of 1st and 3rd floor above ground (hereinafter “instant business”) on each parcel of land listed in [Attachment 1] Nos. 1 and 27, and Nonparty Sco Co., Ltd. (hereinafter “Sco C&C”) is the contractor of the said new construction (hereinafter “instant new construction”).
B. On September 30, 2013, the Plaintiff entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with a company running real estate trust business, and between the non-party company and the non-party company, on which the said 29 parcel of land and the future commercial facilities building (hereinafter “instant building”) are to be newly constructed, as trust property, with the content of selling in lots and disposing of the said parcel of land. On October 2, 2013, the Plaintiff completed the registration of ownership transfer on the said parcel of land based on trust in the future of the Plaintiff.
On November 1, 2013, according to the instant trust agreement, the name of the owner of the instant building was changed in the name of the Plaintiff, and on November 4, 2013, the Plaintiff succeeded to the status of the non-party company under the instant new construction contract concluded between the contractor and the non-party company, the contractor, as the trustee.
Under the instant trust agreement, the registration of preservation of ownership was planned to be completed in the name of the Plaintiff after approval for use of the instant building.
C. On December 3, 2013, the Defendant entered into a subcontract on part of the construction works (such as steel reinforced concrete construction, etc.) among the instant new construction works, with a construction period of KRW 3,757,946,864 (excluding value-added tax) from December 3, 2013 to October 2, 2014.
On the other hand, on September 30, 2013, the non-party company was a new savings bank, the savings bank, and the Gag Capital Co., Ltd. (hereinafter collectively referred to as the “Bagju”) and the company.