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1. The Defendant’s KRW 10,253,630 as well as the Plaintiff’s annual 5% from December 20, 2014 to October 8, 2015, and the following.
Reasons
1. Basic facts
A. Business agreements and agency contracts, and trust contracts for sale and management of buildings in units 1) An integrated construction company with wind circulation (hereinafter “comprehensive construction company with wind circulation”).
A) A project for constructing a 3-story underground, an officetel of 12-story above ground and a building with a neighborhood living facility (hereinafter “instant project”) on the ground of 986m2.4m2
A) Around May 2012, as an executor of the project, concluded a business agreement and an agency contract with the Defendant, a trust company, which will handle the entrusted affairs pursuant to delegation from the said business entity. (2) Under the foregoing business agreement and agency contract, Pungsung comprehensive construction around that time entered into a real estate sale management trust agreement (hereinafter “instant trust agreement”) with the Defendant, a trustee, designating the Bank as the first priority beneficiary, and between the Defendant and the trustee, the Bank as the first priority beneficiary, and the main contents of the instant case are as follows.
The comprehensive construction (trustee) of Pungsung shall entrust the real estate (attached Form 1 omitted, referring to the project site in this case; hereinafter referred to as "trust real estate") listed in attached Table 1 to the defendant (trustee) and the trustee shall enter into a trust contract for sale and management (trust contract) as follows in accepting the real estate:
Article 1 (Purpose of Trust) The purpose of this Trust is to protect the buyer by preserving and managing the ownership of the trusted real estate (including any case where a completed building is additionally entrusted), and to liquidate and settle the trusted real estate in the event of default by the truster (including any case where there is a separate debtor), under the Act on Sale of Building Units (hereinafter referred to as the "Building Units Act"), as shown in attached Form 2 (Attachment 2) on the trust real estate by the truster, and to protect the buyer by disposing of the trusted real estate in the event of default by the truster (including any case where there is another debtor).
Article 2 (Definitions of Terms)