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1. The Defendant is a management-type land trust contract concluded on March 3, 2013 between C and the Defendant, which is KRW 298,419,138.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is an executor of the business that newly constructs apartment (F complex) in Ulsan Jung-gu E, Ulsan-gu, and D Co., Ltd. (hereinafter “D”) is an executor of the business that newly constructs apartment complexes (G complex) in the same group.
(hereinafter referred to as the “execution company,” and each of the above projects collectively, the “instant project,” and each of the above apartments were collectively referred to as the “instant apartment”).
On March 2013, H Co., Ltd. (hereinafter “H”) entered into a contract with the executor for the new construction of the instant apartment (hereinafter “instant contract”), and entered into a management-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant with the same temporary executor, the Defendant, the trust company, the Defendant, I and J Co., Ltd., a loan institution for the instant project, trust the instant apartment and its site to the Defendant. With respect to the profits of the instant new construction project, the lender was the first joint beneficiary, and H was the second priority beneficiary, and the management-type land trust agreement (hereinafter “instant trust agreement”).
The main contents of the instant trust agreement are as follows.
[This paper] Where a trustee performs his/her duty of care as a good manager with respect to construction works on a trust building, disposal, management, and operation of trust property, and other trust affairs, he/she shall not be held liable even if any loss is incurred to the truster, beneficiary, preferential beneficiary, and his/her successor during or after the termination of the trust.
[Matters of special agreement] Article 5 (Scope, etc. of Preferential Rights) (1) In Article 8 (3) of the main sentence of a trust contract, the scope of preferential rights of preferential beneficiaries shall be as follows:
1. The scope of the preferential right to benefit of the lender who is the first priority beneficiary shall be as follows:
Loan claims pursuant to the business and loan agreements concluded between the Si and the lender;
(b) Other.