1. Of the instant lawsuit, the part of the confirmation of the right to benefit in trust is dismissed.

2. The plaintiff's defendants.

1. According to each of the statements in Gap evidence Nos. 1 through 6 concluding a contract for the transfer of the right to benefit to trusted real estate (Article 150(3) of the Civil Procedure Act with respect to the defendant C), the fact that the defendant C transferred the right to benefit as stated in the separate sheet (hereinafter "the right to benefit of this case") to the defendant C on October 22, 2004, and the defendant C concluded a contract for the transfer of the right to benefit of this case to the plaintiff on December 27, 2005, and on the same day, the plaintiff remitted the amount of KRW 135 million to the defendant C in return for the transfer of the right to benefit of this case.

2. The Plaintiff’s assertion is a lawful right holder who received the instant beneficial right from the Defendants in successive order, and thus, the Defendants are required to confirm that the right to claim the return of trust interest exists to the Plaintiff, and to implement the declaration of intent to transfer the right to claim the return of trust interest to the Plaintiff.

3. Determination

A. According to the evidence Nos. 1 and 6, in addition to the facts that “the truster may newly designate or change the beneficiary with the consent of the trustee,” Articles 4(2) and 4(2) of the Real Estate Management Trust Act, and the purport of the judgment of Supreme Court Decision No. 2007Da13312 Decided May 31, 2007, the trustee shall be deemed to have consented or consented to the transfer or acquisition of the right to benefit of this case to the land trust company, which is the trustee (the plaintiff did not reply to the order of this court to prepare the statement on whether the requirements for the consent of the trustee are satisfied). In addition, in light of the nature of the trust relationship under the Trust Act and the purport of the Supreme Court Decision No. 2007Da13312 Decided May 31, 2007, the trustee of the right to benefit of this case, under the premise that the plaintiff is a legitimate right holder for the right to benefit of this case.