1. The plaintiff's claim is dismissed.

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

Basic Facts

B, on the land listed in the attached Table 1 through 3 (hereinafter referred to as “instant land”), the entire gold bonds C, with the construction and sale of the “D apartment” (hereinafter referred to as “instant apartment”, which is a building for residence and neighborhood living facilities under paragraphs (4) through (39) of the attached Table on the land listed in the attached Table Nos. 1 through (3) of the real estate list (hereinafter referred to as “instant apartment,” and, among the instant land and apartments, the “instant trusted real estate” was selected as the Si Corporation as E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and entered into a real estate disposal trust agreement (hereinafter referred to as “instant trust agreement”) with the Defendant on December 19, 2008, with the following contents as the priority beneficiary:

The main contents of the instant trust agreement are as follows.

[Contents of the instant trust agreement] The truster C (hereinafter “A”) entrusted the Defendant (hereinafter “B”) with the real estate indicated in the attached real estate list (hereinafter “instant real estate”) as indicated in the attached Table, and entered into a real estate disposal trust agreement (hereinafter “trust agreement”) as follows.

Article 1 (Trust Purpose) The purpose of this Trust is to carry out the disposal of the instant real estate in this case.

Article 3 (Trust Period) From December 19, 2008 to December 18, 2009

Article 4 (Beneficiary) (1) In this trust contract, a beneficiary shall be in principle A, and if a separate designation is required, it shall be prescribed by a special agreement.

(2) A may designate or change a beneficiary with the consent of B.

Article 6 (Disposal of Trust Real Estate) (1) B shall dispose of trust real estate in accordance with the disposal price, method, and disposal conditions deemed appropriate, and shall be determined, if necessary, in consultation with A or beneficiaries.

Article 8 ( Original of Trust) The original of Trust shall be the real estate in trust or the property acquired by subrogation, the sale price and disposal procedure of the real estate in trust.