1. The part concerning the claim for the delivery of a building in the principal lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s remaining principal claim and the plaintiff's counterclaim.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On March 13, 2013, the Plaintiff’s acquisition of the instant apartment and the conclusion of the instant trust agreement (i.e., the Plaintiff’s acquisition of the instant apartment, and the conclusion of the instant trust agreement) refers to each real estate listed in the separate sheet from the previous owner (hereinafter

(C) On March 15, 2013, the Plaintiff purchased and completed the registration of transfer of ownership on March 15, 2013, and on the same day, the Plaintiff Co., Ltd. (hereinafter referred to as “K

A) As to the instant apartment, the instant trust agreement was concluded with the Defendant (hereinafter “instant trust agreement”).

(2) Of the instant trust agreement, the main contents relating to the use and profit-making of the instant apartment are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (1) The plaintiff shall actually continue to possess and use trust real estate, and shall bear all the expenses incurred in the actual management, such as preservation, maintenance, repair, etc. of trust real estate, and all the expenses incurred therein.

(2) Where there is no prior consent of a non-real estate trust, the Plaintiff shall not reduce the value of the trusted real estate by creating rights, such as lease, or changing the current state thereof.

(3) Where the occurrence of any other accident, such as destruction of or damage to real estate held in a trust, etc., or such situation is anticipated, the Plaintiff shall immediately notify the K non-real estate trust

(4) The plaintiff shall accept and cooperate in the management of property of K non-real estate trusts necessary for preserving and disposing of the value of trust real estate.

(5) The management period of the property of the K non-real estate trust shall be the period during which this trust contract exists, and the same shall also apply where the trust period is extended

Article 10 (Lease, etc.) (1) Lease deposit under a lease contract concluded with respect to the trusted real estate before this trust contract is concluded.