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1. The Defendant’s KRW 12 million to the Plaintiff and the Plaintiff’s 5% per annum from December 29, 2011 to January 17, 2017.
Reasons
1. Facts of recognition;
A. On April 6, 201, Altwon Urban Development Co., Ltd. (hereinafter “Mtwon Urban Development”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Asian Trust Co., Ltd. (hereinafter “Mtwon Urban Development”) on April 6, 201 with respect to apartment units of 68 households, including apartment units listed in the separate sheet (hereinafter “Mtwon Urban Development”), which are owned by the said company, in order to secure loan obligations, etc. owed to the Newan Mutual Savings Bank (hereinafter “instant apartment units”), with the aim of disposing of and settling the said apartment units at the time of the nonperformance of the above loan obligations. The right to lease and maintenance of the instant apartment units, etc. was agreed to have been developed as Altwon Urban Development.
Accordingly, Algwon City Development completed the registration of transfer of ownership on April 6, 201 for the instant apartment on the same day after completing the registration of transfer of ownership on the ground of the attribution of trust property as of April 6, 2011, and completed the registration of transfer of ownership on the Asian trust on the same day.
B. Article 4 of the terms of the instant trust agreement provides that the truster shall bear the obligation to refund the lease deposit due to the lease agreement concluded before and after the conclusion of the trust agreement, and all other liabilities arising in relation thereto, except where the trustee explicitly expresses his/her intention in writing, during the period of the trust or after the termination of the trust.
C. On June 21, 201, Algwon City Development: (a) sold 56 households unsold in lots among the above apartment units by October 20, 201 in lieu of the development of Algwon City, in lieu of the Puwon City on June 21, 201 (hereinafter “ Puwon City Development”); and (b) sold 56 households unsold in lots among the above apartment units by October 20, 201 in lieu of the Puwon City Development; and (c) if the apartment units are not sold within the above period, the Puwon City Development is responsible for the