A. The defendant is a company entrusted with the new construction and sale of D (hereinafter referred to as the "this case") under construction of D (hereinafter referred to as the "riart of this case") in Thai-gun, Thai-gun, Chungcheongnam-gun, Chungcheongnam-gun, Inc. (hereinafter referred to as the "B"), and the third party building company (hereinafter referred to as the "third party building") is a company conducting the above business.

The plaintiff is an individual entrepreneur who is operating the manufacturing business of industrial cooling and freezing equipment under the trade name of "E".

B. On July 24, 2008, B entered into a management-type land trust contract with the Defendant on the trust of ownership of the above C, and entered into a management-type land trust contract to which the authority as the instant project undertaker is entrusted.

(hereinafter “instant trust contract”). The main contents of the instant trust contract are as follows.

Article 1 [Purpose of Trust] The purpose of this Trust Contract is to provide beneficiaries with trust benefits by managing and operating a trust building on the trust land, such as new construction of a trust building on the trust land and leasing and disposing of the trust property. The truster is obligated to procure project costs and the trustee is in the form of a project undertaker's rights and obligations within the scope of trust property, and the project is

Article 8 (Types of Rights to Benefit and Time of Payment) (1) The types of rights to benefit and time of payment shall be as follows:

1. The right to benefit means the right to enjoy the trust benefits in a way prescribed by the trust property, when the trust business is terminated;

Article 9 (Beneficiary and Preferential Beneficiary) (2) Where a truster designates a third party as a beneficiary, the beneficiary shall sign and seal a written consent to the purport that he/she becomes aware of and consents to the contents of the trust contract and submit it to the trustee.

Article 11 [Transfer, Succession and Pledge of Rights to Benefit] (1) Beneficiaries or preferential beneficiaries shall be entitled to the status of beneficiaries or preferential beneficiaries during the trust period without the prior consent of the trustee.