분양대금반환청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Around April 2015, the Defendant entered into a management-type land trust contract with the trustor and beneficiary Korea Co., Ltd. (hereinafter referred to as “the name of the company omitted”) on the land of Jung-gu Incheon, Jung-gu, and the land trust contract (hereinafter referred to as “the instant trust contract”) regarding the business of newly building and selling an O hotel on the ground of two lots outside the N of Jung-gu, Incheon.
The contents of the instant trust agreement relating to the instant case are as follows.
Article 1(Purpose of Trust) This trust deed aims to provide beneficiaries with trust benefits by managing and operating the hotel of this case on the land outside N of Jung-gu Incheon, Jung-gu, Incheon and by leasing and disposing of the trust property. The truster is obligated to procure project costs and the trustee is in the stable progress of the project within the scope of trust property in the form of a project proprietor’s rights and obligations.
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.