1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. The total costs of the lawsuit shall be borne by the plaintiff.

1. Facts of recognition;

A. On December 20, 2010, the Defendant and C Co., Ltd. (hereinafter “C”) entered into a real estate disposal trust agreement between C and the Defendant with the trustor and the beneficiary as C for the purpose of managing and disposing of the ownership of the said apartment house with the total of 123 units of housing units, including the 123 units of housing units (hereinafter “instant real estate”). The main contents are as follows: (a) on December 20, 2010, the truster and the beneficiary were the Defendant; (b) the first beneficiary as the Defendant; (c) G limited company and H limited company; and (d) the second beneficiary as the junior beneficiary and junior beneficiary C (hereinafter “instant trust agreement”); and (c) the main contents are as follows.

(1) The original of the trust under Article 8 (original of the Trust) of this Agreement shall be the occupancy deposit acquired with respect to the trusted real estate and the trusted real estate, the proceeds from the sale of the trusted real estate and the trusted real estate, the borrowings under Article 5 and other equivalent amounts

Article 11 (Management Method of Money Belonging to Trust Property) (1) Money belonging to trust property shall be managed jointly or independently from other trust property whose management method is identical to that of the trust property by the method prescribed by the relevant Acts and subordinate statutes.

(2) Occupancy deposits, etc. received following the lease of real estate in trust may be appropriated for the repayment of borrowings, deposits, etc., in addition to the management methods under paragraph (1).

Article 16 (Termination of Trust and Delivery of Original Copy, etc.) (1) A trust shall be terminated upon the expiration of the period of the trust or upon the termination of the trust, and the trustee shall obtain the consent of the beneficiary for the final settlement of the trust.

(3) Trust real estate shall be delivered as it is, and other trust property shall be delivered after being disposed of in consultation with the beneficiary.

Provided, That any claim, such as date, future or outstanding amount, shall be deemed succeeded by the beneficiary.

(2) Article 1 (Trust Purpose and Management) of the Special Agreement provides for the purpose of this Agreement along with the purpose of the trust stipulated in Article 1 of this Agreement.