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1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim expanded in the trial, is as follows.
Reasons
1. Basic facts
A. The plaintiff is a council of occupants' representatives consisting of the occupants of the Yan-si, Young-gu, Young-si, the 62-28, Gosi-gu, the fishing village village apartment (hereinafter "the apartment of this case"), and is the managing body of the apartment of this case, and the defendant (the trade name before the alteration is the Yong-gu corporation) is the starting construction of the apartment of this case, and the housing association of the first instance court (hereinafter "housing Association") is the constructing company of the apartment of this case.
Article 9. (1) The Korea Land Trust shall only carry out the ownership management affairs of the trusted real estate, and the actual management affairs shall be performed under the responsibility of the housing association and the defendant, and the Korea Land Trust shall not be liable for them.
(2) A housing association and the defendant shall be responsible for the actual continued possession of the trusted real estate and the actual preservation of the trusted real estate, all the management activities thereof, the expenses incidental thereto (including management expenses) and the surrenderation thereof.
B. On November 30, 2010, the housing association completed the registration of ownership preservation on the instant apartment on its name. On April 7, 2011, the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) concluded a real estate security trust agreement between the truster and the beneficiary, the trustee of land trust with respect to the instant apartment units, and the Defendant as the third priority beneficiary (hereinafter “instant trust agreement”). Article 9 of the attached special terms provide for the management of the instant trust real estate as follows.
C. On April 7, 201, land trust based on the instant trust agreement completed the registration of ownership transfer based on the instant trust on April 7, 201, and such trust agreement is included in the original trust book and in the register.