1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. (1) On June 5, 2012, the Defendant entered into a management-type land trust contract for the business of newly constructing and selling “D” officetels (hereinafter “instant officetels”) in Sungnam-si, Sungnam-si, with the truster and beneficiary B Co., Ltd. (hereinafter “B”).

(hereinafter referred to as “instant trust contract”). Article 1 (Purpose of Trust) ① The purpose of this trust contract is to provide the beneficiary with trust benefits by means of operation, such as constructing a trust building on the trust land, disposing of the trust land and the trust building, which is the trust property.

(2) Within the scope of trust property, a trustee shall bear the rights and duties of the owner of a building, and the responsibility for raising funds shall be determined according to the terms and conditions of the contract, which shall be borne by the truster or the person designated by separate agreement.

Article 14 (Disposal, Management and Operation Methods of Trust Real Estate) The trustee shall sell, manage and operate trust real estate in accordance with the following methods:

1. A trustee may sell the trusted real estate in lots on the terms and conditions of the sale price determined in the business plan;

Provided, That where the truster's obligation to the preferential beneficiary and the unpaid construction cost for the trial even after the construction has been completed due to the unsold housing, etc., the trustee may dispose of the unsold housing, at the request of the preferential beneficiary, by means of a discount, sale in lots, payment in kind

Article 15 (Performance, etc. of Sale Business) (1) A trustee shall conduct sale business, such as advertising for sale and sales contracts.

Provided, That it may be determined differently in consultation with the beneficiary, the Si construction project, and the preferential beneficiary.

Article 16 (Transfer of Ownership Following Sale of Trust Real Estate) (1) A trustee shall conclude a sales contract with a seller of trust real estate.

Provided, That with respect to the sales contract already concluded, it shall be subject to the consent of the contractor or the first beneficiary.