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1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On September 30, 2005, the KC Industry Development Co., Ltd. (hereinafter “KC Industry Development”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with Defendant KB real estate trust company (hereinafter “Defendant trustee company”) with the following contents, and completed the registration of ownership transfer for the instant project site on the same day. In the event of the instant project site, the KC and eight parcels (hereinafter “instant project site”).
Truster, debtor and beneficiary: Trust real estate in trust with the defendant trustee company: 225 square meters in E miscellaneous land, 224 square meters in G, 180 square meters in G, 30 square meters in H miscellaneous land, 1,836 square meters in G, 322 square meters in K, 198 square meters in L, 198 square meters in C, 420 square meters in M, 420 square meters in M, 420 square meters in M, and 20 square meters in M: The purpose of this trust is to preserve and manage the trust real estate in order to guarantee the performance of obligations or responsibilities owed by the truster for the management of the ownership of the real estate in trust, and to liquidate the real estate at the time of default.
From September 30, 2005 to September 29, 2008, the first trust period (Article 2): The first beneficiary and the second beneficiary joint beneficiary amount (Article 3): Ansan City Branch of the Agricultural Cooperatives Federation; the second Seoul Agricultural Cooperatives Branch of KRW 2.60 million; the second beneficiary of KRW 4.55 billion; the new mutual savings bank; the first beneficiary of KRW 5.72 billion; and the first beneficiary of KRW 5.7 billion (Article 7); the first beneficiary shall not transfer or change the status of the first beneficiary during the trust period without the trustee’s prior consent; nor shall he take any other disposition, such as the establishment of a pledge, etc. against the right to benefit.
Article 17 (Time of Disposal of Real Estate in Trust) (1) In cases falling under any of the following subparagraphs, the real estate in trust may be disposed of at the request of the person of preferential interest even if the period of trust expires: