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(영문) 수원지방법원 2019.04.02 2018구합67689
사용승인부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. On April 20, 2005, the Defendant entered into a contract between B and the Defendant for the donation and free use of the building (i.e., a contract for donation and free use of the building) with C company, and the said company entered into a comprehensive education cultural facility for children with three underground floors and six floors above ground on the ground of 6,563.8m2, Sungnam-si, Sungnam-si, the Defendant owned (hereinafter “instant building”).

A) A new construction and donation to the Defendant, and the Defendant, in return, shall enter into a contract for the said company to use the said land and the instant building free of charge for twenty (20) years (hereinafter “instant business contract”).

(2) Around July 1, 2005, the company established a domestic corporation B (hereinafter “B”) as a 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) B is a F Co., Ltd. (hereinafter referred to as “F”) established on January 15, 2010 in its name by establishing E.

(B) A loan for construction cost necessary for the construction of the instant building within the limit of five billion won, and in the process, on January 15, 2010, the right to lease on the first floor and fourth floor of the instant building among the above buildings shall be extended to G Co., Ltd. (hereinafter “G”).

(B) A trust agreement was concluded between F and G on January 21, 2010 with the content that F is designated as the priority beneficiary of the said collateral trust, and the sales revenue account between F and G (hereinafter “instant account”).

(4) Under the premise that B’s default and the completion date of the instant building even after the expiration date, the Defendant continued to implement the construction of the said building, as described in the foregoing paragraph 3, on the deposit claims, etc. deposited in G, the right of lease on the first to fourth floor and fourth floor of the said building is entrusted to G during the process of borrowing the construction cost necessary for the construction of the said building, as described in the foregoing paragraph 3.

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