1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 25, 201, the Defendant entered into a sales contract with F on July 25, 201 to carry out the business of newly constructing and selling officetels (D and E) on the instant land (hereinafter “instant land”) (hereinafter “instant project”).

At this time, the defendant agreed to pay F the remaining 2.8 billion won to F within three months after the completion of construction, on the preferential basis of the settlement of accounts compared to the construction work.

B. On August 12, 2011, the Defendant concluded a business agreement and a proxy contract with the Nonparty Company, a contractor, the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), the loan financial institution, the Hansan Agricultural Cooperative, the loan financial institution, regarding the construction of the instant officetels, and the provisions relating to the execution of funds among them are as follows.

Article 6 (Registration of Trust and Issuance of Certificates of Rights to Benefit) (1) The defendant concludes a trust contract for sale management with the Korea Asset Trust as a trustee, and makes a trust registration at the same time as the registration of ownership transfer from the seller (F) of the land in this case.

(2) The Korea Asset Trust shall, at the same time as the registration of trust, issue a certificate of preferential benefit to the seller of the land of this case as the first beneficiary and the first beneficiary to the first beneficiary to the Japanese Agricultural Cooperative.

Article 11 (Payment of Construction Costs) (3) Construction costs shall be paid within the order of fund execution and the fund management account.

7. The non-party company will reserve up to 20% of the total construction completion amount until completion.

The judgment on this issue shall be made by the defendant, the Korea Asset Trust, and the Korea Agricultural Cooperative, and shall be processed at the time of the execution of the funds of the Korea Asset Trust.

Article 22 (Method of Executing Funds) (1) When the defendant intends to withdraw and execute funds from the sale income management account or the fund management account, the defendant shall be a non-party company and the fund management account.