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

A. The establishment of the Defendant Union and the trust of the instant land (1) around 1997, there was a commercial building in the customary market called “A” (hereinafter “A”) on the ground of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant land”), and the instant land was owned by the owners of the said commercial building.

(2) Co-owners of the instant land and owners of stores in the building A have promoted the establishment of an association for the purpose of rebuilding the building A from November 1, 1997, and has obtained authorization for establishment of a reconstruction association from Bupyeong-si on August 21, 200, and have established the Defendant association composed of C representatives of the association and 194 members.

(3) On the other hand, the Defendant’s members concluded a trust contract with the Defendant, a trustee, with the effect that when a pre-use inspection is conducted upon completion of the housing construction project, the trust is terminated, and when the trust is completed, the share in the land according to the exclusive use area ratio of the building pursuant to Article 12 of the Act on the Ownership and Management of Aggregate Buildings is attributed to the truster’

(4) Since November 2000, the Defendant’s members entrusted the Defendant’s share of the instant land owned by them in sequence. around August 16, 2001, 953.494 shares out of the total share of the instant land, and around September 28, 2001, 1070.29 shares out of the total share of the instant land was entrusted to the Defendant, and around February 20, 2002, the trust registration was completed to the Defendant as to the entire share of the instant land.

B. On April 4, 2001, the Defendant entered into the instant first construction contract with the Defendant, as the owner of the building on April 4, 2001, with the representative C and 200 persons, and obtained a building permit on the instant land from Seocheon-si, by designating the four underground floors, the 14th floor area, the 3,061.04 square meters of the building area, and the 38,849.89 square meters of the total floor area (hereinafter “instant building”).

(2) The defendant is a stock company on August 18, 2001.