(영문) 서울중앙지방법원 2016.06.24 2015가합565929

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(영문) 서울중앙지방법원 2016.06.24 2015가합565929

신탁보수금

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1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 6,534,407,790 as the trust account (new bank 140-008-619608) of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On October 6, 201, the construction company, which entered into a sales contract for the project site, was merged with the Defendant corporation (hereinafter “stock company” was omitted from the time when the second name of the stock company was omitted), purchased the said project site from the Korea Land Corporation on September 15, 2009.

B. 1) On September 30, 2009, the Plaintiff entered into a management-type land trust agreement (A evidence 5; hereinafter “instant trust agreement”) with the Defendants on the part of the Defendants, trusters and beneficiaries, new banks, etc., the first priority beneficiary, Defendant Han-gu Co., Ltd., and the management-type land trust agreement (hereinafter “instant trust agreement”) with the contractor and the second priority beneficiary.

Upon entering into a trust agreement, the trust fee was KRW 600 million (the increase in KRW 19.5 million on January 30, 2012) and the trust period was agreed three months after the completion of apartment and auxiliary welfare facilities. The main contents of the instant trust agreement are as follows: Article 1 (Trust Purpose) ① The truster’s purpose of the trust is the instant project site (hereinafter “trust land”).

(1) The trustee is entrusted with the trustee (Plaintiff), and the trustee shall take over the apartment and ancillary welfare facilities (hereinafter referred to as “trust building”) on the trust land.

(1) After constructing the land and buildings (as the term "trust real estate" refers to the land and buildings);

(2) The trust business shall be sold (hereinafter referred to as “trust business”) with the trust property as part of the trust property.

(2) The trust agreement shall only carry out the business of the trustee having the trust property as its trust property and managing and selling it in accordance with the terms and conditions set forth in this agreement (to the extent that disposal is carried out, the trustee shall only carry out the business of holding the status as the executor of the trust business within the scope of disposal, and shall dispute any defects in raising and executing

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