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1. The Defendant’s KRW 156,034,00 for the Plaintiff and KRW 6% per annum from August 5, 2015 to December 8, 2015.
Reasons
1. Basic facts
A. On September 30, 2009, a real estate security trust agreement (the evidence No. 1; hereinafter “instant trust agreement”) was concluded on land and its ground buildings outside 593-12, and its ground (hereinafter “instant trust real estate”) at the port of port with the Defendant and the priority beneficiary as the forest, Dong-dong Saemaul Depository, Seosan Saemaul Community Depository, and Seocheon-dong Saemaul Community Depository (hereinafter “the priority beneficiary of this case”). The main contents are as follows.
The trustee is to preserve and manage trust real estate and to liquidate the real estate in the event of default in order to ensure ownership management of real estate held in trust and performance of liabilities or responsibilities owed by the truster.
Article 14 [Bearing of Expenses] (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, etc. for the handling of trust affairs, and other expenses necessary for the handling of trust affairs, and damages arising out of the causes not attributable to the trustee in the course of performing trust affairs shall be borne by
(2) Where money, etc. falling under trust property is insufficient to pay the various expenses, etc. under paragraph (1), and the truster is unable to receive the shortage, the whole or part of the trust real estate may be disposed of in a manner deemed reasonable by the trustee and appropriated
(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date, a trustee may pay on behalf of the truster, and in such cases, the truster shall pay to the trustee delay damages calculated by applying the interest rate on the trust account of the trustee at the due date for repayment.
(4) A trustee may acquire substitute payments and damages for delay referred to in paragraph (3) in preference to the property before or after the payment is made to the truster or priority beneficiary.
Article 17 (Time of Disposal of Trust Real Estate) (1) The following subparagraphs: