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1. The Defendant: (a) KRW 232,214,00 for the Plaintiff and KRW 1.8% per annum from September 10, 2016 to March 14, 2017; and (b) March 15, 2017 for the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, a inside director, purchased from the Korea Land and Housing Corporation on July 21, 2014, the C & 6,648 square meters (the lot number was changed to D and 6,647.2 square meters; hereinafter “instant land”) located in the project district of the relevant housing site development project implemented by the Korea Land and Housing Corporation (hereinafter “instant housing site development project”).
B. On March 10, 2016, E Co., Ltd. (hereinafter “E”) entered into a management-type land trust agreement with F Co., Ltd. on the share of 2,565 square meters/6,647.2 square meters among the instant land, with respect to the share of 4,082 square meters/6,647.2 square meters among the instant land, and completed the registration of ownership transfer on the instant land on September 19, 2016.
The main contents of a management-type land trust contract concluded by the Plaintiff with E are as follows:
Article 1 (Trust Purpose) (1) The purpose of this trust is to the truster’s share of 2,565.2 square meters/6,647.2 square meters of the land in this case in attached Form 1.
(hereinafter “Trust Land”) is entrusted to the trustee, and the trustee acquires it and constructs a building on the trust land (hereinafter “trust building”) and then sells the land and buildings (hereinafter “trust real estate”) as trust property (hereinafter “trust business”).
Article 17 (Raising Funds, etc.) (1) The project cost required for the trust business shall be raised at the responsibility of the truster, and the trustee shall not be obliged to raise the project cost or repay.
(2) The project cost required for the trust business shall be raised by the following methods:
Article 31 (Handling at the time of Termination of Trust) (1) Where the trust contract is terminated, the trustee shall, after obtaining approval from the beneficiary, deliver the trust property in return for the certificate of beneficial rights and in exchange for the certificate of beneficial rights after obtaining approval from the beneficiary with respect to the final settlement of the trust balance:
2. All real estate other than the trust property.