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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. Each of the costs of lawsuit after the appeal is filed.
Reasons
1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except in cases where the part of the judgment of the court of first instance is rewritten or added as stated in the following 2. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The “Defendants” of the first instance judgment in the part in which the first instance judgment is re-written or added shall be re-written as “Defendants and the Intervenor joining the Defendant” respectively.
Part 3 of the judgment of the first instance court shall be deleted from the 13th page “from the 14th page”;
From 11th to 18th of the judgment of the first instance shall be conducted in the following manner:
The Defendant and the Intervenor asserted that the Defendant’s request or consent of the lender of the instant case, the first beneficiary, should be required to dispose of each of the instant real estate.
According to the above facts and each of the above evidence, Article 4 (4) of the Special Agreement provides that "where a sales contract is invalidated, cancelled, or cancelled, the method and disposal price of real estate held in trust may be determined through consultation between the beneficiary and the trustee," the disposal method and disposal price of the real estate held in trust may be determined through consultation between the beneficiary and the trustee." The above provision seems to be a provision considering the fact that the trustee's duty of care can be clearly and clearly verified in the event of disposing of the real estate held in trust through consultation above) and the fact that the purchaser's status as the purchaser of EFFC as in the first place of △△△, as in the first place of the △△△△△△, transferred the status of the purchaser of EFC to the PS construction and the LWS in the first place (no evidence exists to deem that there was the consent of the lender of this case prior to the public sale procedure). Article 10 of the Special Agreement provides that the purchaser shall be included in "the prospective purchaser" under Article 13 of the Special Agreement.