신탁이익금 청구의 소
1. The Intervenor’s appeal is dismissed.
2. The costs of appeal are borne by the Intervenor joining the Defendant.
purport.
1. In the first instance court, the Plaintiff sought the payment of the remainder of the construction price under the construction contract of a building, including officetels, within the scope of trust property, pursuant to the trust contract in attached Form 1, and ① the payment of the remainder of the construction price under the construction contract of a building, including officetels. ② The first instance court fully accepted the claim for the remainder of the construction price under the construction contract of a building, such as officetels, and ② partly accepted the claim for the remainder of the construction price under the construction contract of a public relations office.
The Defendant’s Intervenor appealed against the claim for priority income equivalent to the remainder of the construction price under the construction contract of the building, such as officetels. As such, the subject of the judgment by this court is limited to the claim for priority income equivalent to the remainder of the construction price under the construction contract of the building, such as officetels.
2. Facts of recognition;
A. On January 29, 2013, the Plaintiff, the Defendant, the Intervenor (hereinafter referred to as the “Supplementary Intervenor”), the non-party dopco Co., Ltd. (hereinafter referred to as the “dopco”), and the Non-party Mez comprehensive financial securities Co., Ltd. (hereinafter referred to as the “Mesz comprehensive financial securities”) entrusted the Defendant with the land of 943 to 989m2 (hereinafter referred to as the “instant land”). The Defendant newly constructed and disposed of the said land with the 6th underground floors, the 10th ground residential facilities, and the 10th business facilities (hereinafter referred to as the “instant building”), thereby paying trust benefits to the beneficiaries, and the Plaintiff and dopco entered into the instant trust contract with the priority beneficiary of the loan institution and the joint beneficiary of the construction and the 3rd priority beneficiary of the project, and each of the management trust contracts (hereinafter referred to as the “instant trust contract”).
3.2