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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that carries out the business of newly constructing and selling the buildings listed in Appendix II (hereinafter “instant building”) on the ground of the land listed in Appendix I (hereinafter “instant land”).
B. On June 23, 2010, the Plaintiff obtained a loan from the Bank of Korea, Korea Investment Securities Co., Ltd., and KNB Life Insurance Co., Ltd. (hereinafter collectively referred to as “Korea Bank, etc.”). On June 23, 2010, the Defendant and the Defendant entered into a management trust agreement (hereinafter referred to as “the trust agreement of this case”) with the following terms, with regard to the instant land as the first beneficial interest, with the Korea Bank, etc. as the first beneficial interest, and the two Industrial Construction Co., Ltd., the construction company of the building of this case, as the second beneficial interest.
Article 1 (Purpose of Trust) (1) The purpose of this trust is to: (a) In the instant trust agreement of the truster, the truster is the Plaintiff, the trustee, the Defendant, the Bank of Korea, the first beneficiary, the second beneficiary or the construction company, and the trust land is the instant land and the instant building. The trust land is the instant building. The trustee is entrusted with the trustee with the trust land, and the trustee acquires it and constructs a trust building on the trust land, and then sells the land and buildings (hereinafter referred to as “trust real estate”) as trust property.
(2) A trust contract shall only carry out the business of a trustee having trust real estate as trust property and holding the status of a trust business operator within the scope of managing and selling it in accordance with the terms and conditions set forth in this contract, and disputes related to defective procurement and construction of funds necessary for the execution of a trust business, disputes related to contracts for sale in lots, and disputes related thereto.