beta
Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) As between April 20, 2005 and C, the Defendant: (a) as to April 20, 2005, on the ground owned by the Defendant, the Defendant’s general education facilities for children with three underground floors and six floors above ground (hereinafter “instant building”).
(2) In return for donation to the Defendant by newly constructing a new construction, the above company’s use of the above land and the building of this case free of charge for twenty (20) years (hereinafter “instant business contract”).
(2) Around July 1, 2005, the above company established B as a domestic corporation and had it succeed to the rights and obligations under the instant business contract. Around January 21, 2009, B was unable to repay due to the aggravation of financial standing, and the construction of the instant building was suspended.
3) Article 520-2(1) of the Commercial Act was deemed dissolved on December 1, 2014. B established B and received a loan for construction cost necessary for the construction of the instant building within the limit of five billion won from F Co., Ltd. on January 15, 2010 in the name of E, and during that process, on January 15, 2010, entrusted the right of lease on the first and fourth floors of the instant building to G Co., Ltd., and entered into a lease security trust agreement with the purport that F is designated as the priority beneficiary of the said secured trust, and on January 21, 2010, between F and G revenue account (hereinafter “instant account”).
(4) Under the premise that B’s default and the completion date of the instant building was continuous implementation of the construction of the said building even after the date of the construction of the said building, B cooperates with G by preparing and delivering a written consent for trust of the right of lease on the first and fourth floor among the above buildings. 5) The instant building is approved for use on July 2010.