1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 30, 2008, the Defendant decided to jointly construct and sell the building on the land owned by C and the Defendant and to jointly distribute profits therefrom (hereinafter “instant business”). On June 30, 2008, the Defendant entered into a real estate management trust agreement with C (hereinafter “instant trust agreement”) with a notary public No. 3690 on the instant trust agreement.

(hereinafter referred to as “A” shall be referred to as “Defendant” and “B”, Article 1 (Trust Purpose) ① A shall entrust the trust of 646 square meters of forest E in Gwangju City E (hereinafter referred to as “trust land”) to “B,” and shall take over the trust of “B.”

(2) The purpose of a trust contract is to construct buildings listed in the attached Form (hereinafter referred to as "building") on the trust land and to sell land and buildings (hereinafter referred to as "trust real estate") by collectively referring to land and buildings as trust property.

Article 3 (Borrowing and Management of Funds) (1) B may appropriate funds necessary for the construction of buildings and the performance of trust affairs by trust property, and where funds exceeding the value of the trust property are necessary, the insufficient portion shall be fully contributed.

(2) If the sale of a loan under paragraph (1) has failed to be made in order to secure the loan or after completion, the mortgage or collateral security on the trust land and the building as the principal debtor B may be established, and the loan money shall be deposited into the head of Tong and settled, and the land price shall be appropriated for the construction cost.

§ 11 (Initial Beneficiary) The first Beneficiary of this Trust shall be A and B.

Article 18 (Trust Period) The trust period shall be from June 30, 2008 to June 29, 2009.

Provided, That where there is an application for extension of the trust period from the beneficiary 30 days before the expiration of the trust period, A and B may extend this period through consultation.

B. The Defendant’s performance agreement with C on July 14, 2009 does not exceed the following content.