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1. Of the judgment of the first instance, parts of the judgment against Defendant B, C, D, E, F, and G are modified as follows.
2. The plaintiff, a.
Reasons
1. On November 4, 2015, the first instance court rendered a judgment dismissing the above application for intervention on the part of the Plaintiff. The first instance court rendered a judgment dismissing the application for intervention on November 9, 2016.
In this regard, since § 93(1) of the first instance judgment did not file an appeal, "the portion in which the application for participation in assistance was rejected" in the first instance judgment became final and conclusive.
Therefore, the object of this Court's adjudication is limited to the plaintiff's claim against the defendants, and the part concerning the above application for intervention is excluded from the object of adjudication.
2. Basic facts
A. On June 5, 2012, the Plaintiff entered into a management-type land trust contract (i) the I Stock Company, a truster and beneficiary (hereinafter “I”).
B) Between Sung-nam-si, J 2,667 square meters and 7 lots on the ground, “K” officetels (a store and officetel 1,352 room, hereinafter “instant officetel”) on the ground.
2) The project to newly build and sell the project (hereinafter referred to as “instant project”)
2) According to the above trust agreement, I entered into a management-type land trust agreement with regard to I, as the first first priority beneficiary, designated the first first priority beneficiary, the second priority community credit cooperatives federation, the third modern engineering corporation (former trade name: HyundaiMCo corporation; hereinafter “former engineering”). On January 2, 2013, part of the above trust agreement was revised on the first priority beneficiary, and added Samsung Heavy Heavy Industries Co., Ltd. to the fourth priority beneficiary, the first priority beneficiary and the third priority beneficiary.
(hereinafter referred to as the “instant trust contract,” in total, prior to and after the amendment. The key contents of the instant trust contract in relation to the instant case are as follows.
Article 1 (Purpose of Trust) (1) The purpose of this Trust Contract is to provide the beneficiary with trust benefits by constructing a trust building on the trust land, disposing of the trust land and the trust building, which is the trust property.
(2) The trustee shall scope of trust property.