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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Algwon Urban Development Co., Ltd. (hereinafter “Nogwon Urban Development”) completed registration of preservation of ownership on the real estate listed in the separate sheet on December 7, 2009 (hereinafter “the apartment of this case”) as the executor of the building, other than D and E apartment, Nam-si, Namyang-si.
B. On April 6, 2011, Algwon City Development entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with an Asian Trust Co., Ltd. (hereinafter “AA trust”), which aims to preserve and manage the above apartment in order to secure loan obligations, etc. for 68 households’ apartment buildings, such as the instant apartment. In order for Algwon City Development to secure loan obligations, etc. to the Newan Mutual Savings Bank Co., Ltd. with respect to the instant apartment, and completed the registration of transfer of ownership in the name of the Asian Trust on the following day.
C. On November 25, 201, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the owner of a stock company (hereinafter “owner”) that was entrusted with the sale of the instant apartment with the consent of the development of Alartwon City and that was engaged in the sale of the buildings in lots. Defendant B entered into a lease agreement with the owner of the instant apartment, setting the lease deposit amount of KRW 120 million with respect to the instant apartment from January 26, 201 to January 25, 2014 (hereinafter “instant lease agreement”).
Algwon City Development entered into an apartment supply contract with the main company on December 17, 201, which sells the apartment of this case at KRW 385,138,400 between the main company and the company.
E. After the conclusion of the above lease agreement, Defendant B moved into the apartment of this case as of January 26, 2012 after full payment of the lease deposit to the owner. On the 27th of the same month, after completing the move-in report on the apartment of this case, Defendant C and his father were residing in the apartment of this case.
F. Meanwhile, on March 4, 2013, the Plaintiff goes against the Asian Trust.