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1. Defendant B shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from March 15, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. (1) The execution, etc. of the instant trust contract) Defendant B, due to the housing site development project after the land development project for the F of the Busan Seo-gu, the instant land was assigned a new parcel of land to “B Seosan-gu L” (hereinafter “instant land”).
(2) Around 2011, Defendant B obtained the approval of the housing project plan from the head of the Busan YA (hereinafter “head of the private Gu”) in order to implement the business (hereinafter “instant apartment”) that newly constructs and sells G apartments with the size of 49 households on the ground level 1 and 10 stories above the instant land (hereinafter “instant apartments”).
3) In order to raise project costs, such as construction costs, for the implementation of the instant project, Defendant B refers to “the instant J Bank” as the joint name of H and I Co., Ltd. (hereinafter the above two J Bank”).
(4) On November 9, 2015, Defendant B borrowed KRW 4.9 billion from the project financing method. Defendant B entrusted the instant land to Defendant C, and entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the Plaintiff as well as the contractor as K Co., Ltd. (hereinafter “K”), and completed the registration of ownership transfer for the instant land on the same day with Defendant C as trust.
Article 1 (Purpose of Trust) The purpose of this Agreement is to construct a trust building (referring to the apartment of this case) on the trust land (referring to the land of this case) and to provide the beneficiary with trust benefits by managing and operating it, such as leasing and disposing of the trust property. The truster is obliged to procure project costs and the trustee is in the form of the project undertaker’s right as the project undertaker and the trustee is the subject of the duty to perform the project within the scope of
Article 5 (Registration, etc. of Trust) (1) A truster shall enter into this contract and delay.