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1. The Defendant’s KRW 13,138,773 as well as the Plaintiff’s KRW 5% per annum from December 31, 2015 to March 29, 2019.
Reasons
1. Basic facts
A. C borrowed funds from A Co., Ltd. (hereinafter “Plaintiff bank”) to newly construct and sell multi-family housing (hereinafter “multi-family housing”) on the land outside D and seven parcels (hereinafter “instant land”) in Yangyang-si, Namyang-si, and agreed to trust the instant land, etc. to the Defendant as collateral in order to secure the above loan obligation. Since then, on December 24, 2008, the Plaintiff bank provided a loan of KRW 6,500,000,000 to C, and on August 11, 2009, additionally granted a loan of KRW 10,050,000 to E (hereinafter “instant loan”).
B. On December 24, 2008, C entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with the Defendant with respect to the shares owned by C among the instant land and the instant building and the instant building and the instant building and the instant building (hereinafter collectively referred to as the “instant trust real estate”) with the truster C, the Defendant, the trustee, the Plaintiff bank from the priority beneficiary, the Plaintiff bank from the priority beneficiary, and the beneficiary in order to KRW 8,450,000,000, with respect to the shares owned by C. On the same day, C obtained beneficiary certificates from the Defendant and obtained KRW 6,50,000 from the Plaintiff bank as collateral. On the same day, C completed the ownership transfer registration (hereinafter “instant trust registration”).
C. The main contents of the instant trust agreement are as follows.
Article 1 (Purpose of Trust) The purpose of the Trust Contract is to preserve and manage the trust real estate and to settle the trust real estate in case of default by the truster or beneficiary, in order to secure the liabilities or responsibilities to be borne by the truster or beneficiary (including the debtor, if any) on the preferential beneficiary.
Article 3 (Trust Period) (1) The period of trust shall be as shown in attached Form 2, and the beneficiary and the trustee before the termination of the trust.