beta
(영문) 서울중앙지방법원 2017.03.10 2015가합580423

기타(금전)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) established a plan on the construction of H’s building (hereinafter “H”) on the land of 14,584m2 in Jung-gu, Incheon Metropolitan City, Jung-gu, for the sale of its membership rights (hereinafter “instant resort”), and borrowed money from the Allied Capital Co., Ltd. (hereinafter “F Capital”) to raise its business funds on August 10, 2006.

In order to secure the above loan claims, the Union Capital made the Union Capital as the first priority right holder between F and the Defendant trust the above land, and the instant resort to be newly constructed on the ground agreed to manage and dispose of it to the trust company designated by the Union Capital after its completion.

B. According to the above loan agreement, on August 10, 2006, F entered into a trust agreement with the truster F, the trustee, the defendant, and the Si/Gunn Construction Project Co., Ltd. (hereinafter referred to as the “Lot Construction”) with respect to the instant project, on the ground that the NE Construction constructed the instant Rite on the said land, and F entered into a trust agreement with the defendant to manage and operate the instant land and the instant Rite, and the Defendant will manage and operate it.

(hereinafter “instant trust contract”). C.

In accordance with the instant trust agreement, the registration of the transfer of ownership in the name of the Defendant was completed on August 11, 2006, and the registration of the transfer of ownership in the name of the Defendant on the above land was completed on the ground around October 2008, and on November 3, 2008, the registration of the transfer of ownership in the name of the Defendant on the instant cooking was completed.

F After completion of the instant resort construction work, F leased the instant resort to I (hereinafter “I”) and had I operate it.

E. The plaintiffs are residents living in the vicinity of the above GJ land, and establish a “J Resident Support Committee” on the grounds that the project of this case causes inconvenience to residents' lives and destroys the environment.