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1. The Defendant (Counterclaim Plaintiff)
A. The real estate listed in the separate sheet No. 1 to the Plaintiff (Counterclaim Defendant) Co., Ltd., and B.
Reasons
1. Basic facts
A. The Defendant entered into a trust agreement with Han Bank on November 30, 2007 with respect to the instant project site in order to carry out the business of constructing and operating a golf course on each land listed in the separate sheet No. 2 (hereinafter “instant project site”) with a financial institution, including Han Bank (hereinafter “I Bank”), and completed the registration of ownership transfer for the instant project site due to trust in the future of Han Bank on the same day.
B. The content of the above trust agreement is that the Defendant, as the truster and the beneficiary, entrusted the instant project site to one bank as the truster and the beneficiary, set a preferential right to benefit, and if the Defendant fails to perform the loan obligation, the trustee disposes of the trusted property at the request of the first beneficiary, and appropriate the proceeds for the repayment of the loan obligation, and return the remainder to the Defendant, the truster, as the truster, to the Defendant.
C. Since then, each of the buildings listed in the separate sheet No. 1 (hereinafter “instant golf club building”) was newly constructed in the instant project site, including golf club clubs, and the Defendant concluded a trust contract with Han Bank on July 12, 2012 and completed the registration of ownership transfer in the future of Han Bank on the same day.
(hereinafter “instant real estate” in the context of the instant project site and the instant golf course building, and each trust contract with respect thereto is referred to as “instant trust contract”).
D. On May 7, 2014, the Defendant delayed the performance of the obligation to lend to one bank, and on the other, on May 7, 2014, the Han Bank proceeded with the procedure for disposal (hereinafter “instant public sale procedure”).
E. The Han Bank participates in the tendering procedure in this case at an amount of KRW 1,410,00,000, May 22, 2014.