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1. As to the Plaintiff’s KRW 1,470,059,985 and its KRW 1,385,638,090, the Defendant shall pay to the Plaintiff KRW 84,421,895.
Reasons
1. Basic facts
A. On September 29, 2014, the Plaintiff entered into a land trust agreement (hereinafter “instant trust agreement”) with the Defendant as the truster, D Co., Ltd. (hereinafter “Co., Ltd.”) as the contractor, and the Plaintiff as the trustee, for the purpose of implementing the new construction project of urban-type housing (hereinafter “instant building”) located in Yongsan-gu, Seoul (hereinafter “instant building”). The main contents of the instant case are as follows.
[main text of the Trust Contract] Article 1 (Purpose of Trust) The Trust under this Trust Contract is to transfer the ownership of the real estate under the Trust Contract to the trustee in order to carry out the Project, and the trustee shall preserve and manage the real estate under the Trust Contract, and to dispose of or lease the real estate under the Trust Contract by sale or by other means, as stipulated in this Trust Contract, and to pay the trust property, such as the price for disposal
Article 2 (Definition of Terms) The terms used in this Trust Contract shall have the meanings defined below:
6. The term "project" means a project developed by means of new construction, extension, remodeling, reconstruction, substantial repair, remodeling, etc., and disposed of or leased on a trust land by means of sale in lots or by other methods, and stipulated in a special agreement on trust.
Article 12 (Borrowing of Business Funds) (1) A trustee may pay expenses incurred in the performance of this project and the affairs related to trust under this trust agreement as trust property, and may borrow money from the unique account of a financial institution, other third party, or trustee, if it falls short of trust property.
Article 18 (Bearing of Expenses, etc.) (1) Costs and expenses necessary for the handling of trust affairs, including the following obligations and expenses concerning trust property, and the trustee's intentional, negligent, or other causes not attributable to him/her in performing trust affairs: