1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Conclusion of the instant agency contract, etc. 1) Nonparty S&C Comprehensive Construction Co., Ltd. (hereinafter “S&C”).

) The Busan Northern-gu Office Office Officetel (hereinafter referred to as the “instant building”)

2) The project to build and sell the project (hereinafter referred to as “instant project”).

As a contractor and executor of the project, the agency contract (hereinafter “instant agency contract”) under which the Defendant is entrusted with all of the project site, the instant building and building constructed on the ground thereof, the sales price claim, sales price claim, and sales proceeds, etc., to the Defendant on July 14, 201 (hereinafter “instant agency contract”).

2) On July 14, 201, E&C concluded a sale management trust agreement with the Defendant on the instant project site and the instant building to be completed later (hereinafter “instant trust agreement”). On December 26, 2014, the date of completion of the instant building, the sales management trust agreement on each of the instant units of the instant building was concluded separately, and on the same day, on December 26, 2014, each registration of ownership transfer was completed for the instant building Nos. 2001 through 209 on December 26, 2014.

Article 19 [Method of Executing Funds] (1) of the Act on Agency Business Contract of this case where Gap (S&C) intends to withdraw funds from the fund management account, he/she shall notify Byung (Defendant) (S&C) with the consent of Byung (S&C) and shall submit in writing a letter of request for withdrawal for the execution of funds after notification to Eul (Defendant).

(2) A shall attach documents reasonably required by B and C in connection with the execution of the funds and materials proving that the funds will be used as the project funds when requesting withdrawal from the fund.

Provided, That where it is impracticable to submit prior data, evidentiary data may be submitted after the execution of funds.

(3) Where it is deemed reasonable to request A to withdraw funds, B may be paid to A, or directly paid to a third person who intends to be executed by A.