1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 13, 2002, C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) concluded a sale-type land trust contract (hereinafter “first trust contract”) with the Defendant for the purpose of trusting the land indicated in the attached Table 2 to the Defendant and newly constructing an apartment on the ground to sell (sale) the trusted real estate.

B. On June 17, 2004, C and D (hereinafter “D”) concluded a trust agreement with the Defendant under which the Defendant will trust the land to be used as an apartment access road to the trust business as indicated in the paragraph (a) (hereinafter “instant trust agreement”) to the Defendant, in order to secure the land to be used as an apartment access road to the apartment complex to the trust business as indicated in the paragraph (a).

However, under the trust contract of this case, the truster is stated as the plaintiff who was the representative director of C.

The co-trustee C and D (hereinafter referred to as "A") and the trustee (hereinafter referred to as "B") shall conclude a land trust contract for sale-type land as follows:

Article 1 (Trust Purpose) (1) A shall trust the land before division to B, and B shall accept it.

2. The purpose of this trust is to construct buildings on land and sell land and buildings (hereinafter referred to as "trust real estate") as trust property.

Article 2 (Public Notice of Trust) A and B shall, without delay after concluding a trust contract, file for registration of transfer of ownership or trust on land based on trust.

§ 13 (Initial Beneficiary) The first Beneficiary of this Trust shall be A.

Article 14 (Right to Benefit) (1) A beneficiary shall acquire trust proceeds calculated by the methods prescribed in the trust contract.

(2) A beneficiary shall receive the trust property at the time of termination or termination of the trust deed according to the prescribed method.

Article 15 (Certificate of Right to Benefit) (1) The defendant shall prepare a certificate of right to benefit to indicate the right to benefit under a trust contract and deliver it to the beneficiary.

Article 25 (Termination of Trusts)