우선수익자지위부존재확인
1. Of the instant lawsuit, the Plaintiff’s lawsuit against Defendant C and D shall be dismissed, respectively.
2. The plaintiff's defendant B, E, F, G.
1. Basic facts
A. On February 16, 2016, J entered into a construction contract with the Plaintiff with respect to the business (hereinafter referred to as “instant development project”) that intends to build a hotel on the K 1,474.7 square meters and L 379.5 square meters (hereinafter referred to as “instant real estate”), in Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter referred to as “instant real estate”), and the Plaintiff completed the said construction after completion and obtained approval for use on July 3, 2018.
B. On February 29, 2016, J concluded a real estate sale management trust agreement (hereinafter “instant trust agreement”) with Defendant B to protect the buyer by preserving and managing the ownership of the instant real estate in trust with Defendant B, and to liquidate the instant real estate upon the trustor’s nonperformance of obligation.
Of the instant trust agreement, the part relating to the instant case is as follows.
Article 5 [ Originals and Profits of Trust] (1) The originals of a trust shall be the trusted real estate, the property acquired by subrogation thereof, the lease deposit acquired and kept as a lessor, the proceeds from the disposal of the property in trust and the penalty arising in connection with the disposal procedure of the property in trust, the profits arising from the management of money belonging
Provided, That the lease deposit shall be incorporated into the trust principal when the trustee is exempted from the status of the lessor.
(2) Profits of the trust shall be rents accruing from the trusted real estate, profits accruing from the management of money belonging to the trust property, and other equivalents.
Article 8 (Beneficiary) (2) The truster may change the beneficiary with the consent of the trustee.
Provided, That the trustee may refuse to accept the consent when there is a reasonable ground for the protection of interested persons.
(3) A beneficiary's right to benefit shall extend to the remaining trust property after the settlement of all the expenses referred to in Article 24 (1) 1 through 6 in connection with the sale of this case from the trust property.
(4) Additional designation of priority beneficiaries shall be made.