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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 20, 2014, the North Korea Development Co., Ltd. (hereinafter “North Korea”) concluded a real estate security trust agreement with the Defendant, with the following content while carrying out the construction of new facilities for cultural and assembly in the zone A of Pakistan.
(1) Truster and beneficiary: 11,184,00,000 won for the original trust of the North Korea Development (2) : the first beneficiary of the North Korea Development (3): 1,634,100,000 won for the Bupyeong-dong Saemaul Depository 1,634,100,000 won for the trust, and 2,05,305,300,000 won for the trust of the Bupyeong-dong Saemaul Depository 1,84,700,000 for the new Saemaul Depository 1,54,40,000 won for the trust, 809,900,000 won for the trust of the Hong-dong Saemaul Depository 1,587,60,000 won for the trust from June 20, 2014: The purpose of this trust is to preserve and liquidate the value of the trust property at the time of default by the truster to guarantee the truster's debt or liability for the trust.
B. On July 31, 2014, in order to receive the payment of the construction cost after receiving the above construction from North Korea, the Plaintiff Company added the first beneficiary to the said real estate security trust agreement. The second beneficiary is limited to the right to settle the claims of the first beneficiary at the time of realization of the real estate trusted, and the status and rights of the first beneficiary as stipulated in the basic contract and special agreement of the trust agreement (contribute and other rights) are written in beneficiary certificates.
C. Meanwhile, on March 18, 2015, the Defendant completed the registration of ownership transfer on the ground that the trust property belongs to the trust property as to the No. 206 of the building B, a part of the trust property, for the development of North Korea on March 18, 2015, at the request of the first priority beneficiary.
North Korea sold the above real estate to C and D for 490 million won and completed the registration of ownership transfer.
[Evidence Evidence] Evidence Nos. 1 through 6, Gap evidence No. 9, the whole purport of the pleading
2. The assertion and judgment
A. The plaintiff's assertion.