분양대금반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Around April 2015, the Defendant entered into a management-type land trust contract (hereinafter “instant trust contract”) with the trustor and beneficiary Korea Co., Ltd. or Co., Ltd. (hereinafter “Co., Ltd.”) on the land of Jung-gu, Incheon (hereinafter “instant hotel”) regarding the business of newly building and selling a C hotel on the land outside B and two lots on the land of Jung-gu, Jung-gu, Incheon (hereinafter “instant hotel”).
The contents of the instant trust agreement relating to the instant case are as follows.
Article 1(Purpose of Trust) The purpose of this Trust Contract is to provide beneficiaries with trust benefits by managing and operating the hotel in this case on the land outside B of Incheon Jung-gu and by leasing and disposing of the trust property on the land, and to ensure that the truster is obliged to procure project costs and the trustee is in the form of a project proprietor’s rights and obligations within the scope of trust property.
Article 3 (Period of Trust) (4) Even during the period of trust, if the trustee disposes of the trusted real estate at the request of the priority beneficiary, etc. and has completed the procedure for registration of transfer of ownership, the period of trust shall be
§ 30 (Termination of Trust) This Agreement shall be terminated in any of the following cases:
1. Where the purpose of trust is achieved;
4. Where the trust contract is terminated in accordance with Article 29, the defendant may conclude a special agreement, if any matter that is not prescribed in the trust contract or any matter that the defendant intends to determine differently from the trust contract exists.
Pursuant to the trust agreement of this case, Native Korea and Native Republic of Korea respectively designated Mative Industry Co., Ltd., Daz comprehensive financial securities, Mativez fire and marine insurance, Mativez capital as the first priority beneficiary, and Mazgman City Co., Ltd. as the second priority beneficiary under the trust agreement of this case.
The contents related to this case among the special agreements stipulated under Article 39 of the instant trust agreement are as follows.