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1. Within the extent of trust property, the Defendant shall pay KRW 330,000,00 to the Plaintiff and its related expenses from August 30, 2012 to December 2013.
Reasons
1. Basic facts
A. The Subdivision Construction Co., Ltd. (hereinafter referred to as the 'Wils Construction') is the executor of the project that constructs a local village-based building on the ground of 118-1, Nam-dong, Nam-gu, Incheon Metropolitan City (hereinafter referred to as the "instant building"), and the defendant is a trust agent for the sale and management of the instant building and fund management.
B. On April 8, 2010, the Defendant concluded a trust agreement on the sale management of lots of the instant building and the instant building site (hereinafter “instant trust agreement”) with respect to the following details (hereinafter “instant trust agreement”).
[Trust Contract] Article 1 (Trust Contract for Sale in Lots) The purpose of this Trust Contract is to protect the buyer by preserving and managing the ownership of the trust real estate (including the case where the completed building is additionally entrusted), and to liquidate and settle the trust real estate in the event of default on the construction in connection with the sale in lots.
Article 2 (Adjustment of Terms) (5) Trust property: The original of the trust, the proceeds of the trust and the proceeds of the sale in lots acquired from the Russ Construction in connection with the sale in lots, and the proceeds of sale in lots, Article 3 (Registration of Transfer of Ownership and Trust) (1) The Russ Construction shall, without delay, complete the transfer of ownership and trust registration in the future of the defendant
Article 12 (Protection of Purchasers) (2) Where it is impossible to implement a project due to a default on, bankruptcy, etc. of pots construction, and where the trust contract is settled halfway due to any other cause, the proceeds from disposal of real estate trusted in trust shall be paid first to the refund of the proceeds from sale by the buyer, etc. in preference to other right holders
Article 24 (Settlement of Proceeds from Disposal, etc.) (1) Where a defendant disposes of and liquidates the trusted real estate.