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1. The plaintiff's appeal and the claims added by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. The grounds for this part of the facts are as follows: (a) the part of the judgment of the court of first instance, "the occurrence of 13 parallels" among the 3rd of the judgment of the court of first instance, "the above trust contract" among the 4rd of the judgment of the court of first instance shall be "the trust contract of this case", and (b) the part of "the above apartment" among the 4th judgment of the court of first instance shall be "the apartment of this case" and "the above apartment of 3 and 4," respectively, shall be as stated in the corresponding part of the judgment of the court of first instance; and (c) this part
2. Part of a claim on the ground of a violation of the duty of care and loyalty under the Trust Act;
A. The purport of the Plaintiff’s assertion is that the Defendant, a trustee of the instant trust contract, has a duty to perform the trust affairs with the care of a good manager pursuant to Articles 32 and 33 of the Trust Act and faithfully perform the trust affairs for the benefit of the beneficiaries. However, as delineated below, the Defendant violated the fiduciary duty and duty of loyalty as a trustee.
Therefore, pursuant to Article 43 of the Trust Act, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 1,930,451,370 (i.e., KRW 959,123,200, KRW 399,034, 370, KRW 572,293,80) and damages for delay.
On October 29, 2013, the distribution market of KRW 959,123,200 as to the payment of the charges for school site was notified to the Defendant on October 29, 2013 that the charges for school site should be paid in relation to the instant project (hereinafter “charges for school site”). However, the Defendant may be exempted from the charges for school site because the area where the instant apartment was constructed was continuously reduced as an area where the population of school continuously decreased (amended by Act No. 14604, Mar. 21, 2017; hereinafter “School Site Act”), although Article 5(4)2 of the Act on Special Cases Concerning the Securing, etc. of School Site for Areas where the population of school attendance has continuously decreased for three years or more, the area where the instant apartment was constructed was located.