사해신탁취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Trust contract and sales contract of this case;
A. On April 18, 2006, the first project financing loan Ss. Construction Co., Ltd. (hereinafter “the apartment of this case”) obtained approval for the housing construction project plan from Yong-si in order to implement the project of this case under the name of “a complex and B complex,” etc. (hereinafter “the apartment of this case”) on the ground of the total area of 525,521m2 on the land of 525,521m2, Jung-gu, Young-gu, and 27m2 and 39m2 (hereinafter “each land of this case”).
In order to raise land purchase funds and construction expenses, etc. for the instant project on August 16, 2007, GaS Construction shall be loaned KRW 300,000,000 from Samsung Bio-resources to project financing (hereinafter “first PF loan”) and the Korea Development Bank and the instant project (hereinafter “the instant business agreement”) to receive financial support and management of total revenues related to the instant project from the Korea Development Bank.
The Samsung Bio-resources entered into a loan agreement. Under Article 27 of the instant business agreement and Article 16 of the said loan agreement, Samsung Bio-resources entered into a trust agreement on each of the instant land to secure the first PF loans for Samsung Bio-resources, and at the same time, trust of the instant land to the real estate trust company (or the trust trust company (or the trust company with real estate trust) designated by the Korea Development Bank or the Korea Development Bank (or the trust company with real estate trust), while Samsung Bio-resources entered into a trust agreement on each of the instant land. The first priority beneficiary (or the pledgee) of Samsung Bio-resources shall be the first priority beneficiary (or the pledgee, and the outstanding loan shall be repaid until the completion of the inspection on the use of the instant apartment.