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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment except for the following additional
(2) The defendant asserts that the lawsuit of this case should be dismissed as illegal since the plaintiff's lack of proof of the non-party company's insolvency is insufficient, in light of the evidence that the defendant submitted additionally in the trial. 2. The addition of the second instance court's decision No. 6.9, and the second instance court's decision of this case.
In full view of the purport of the arguments in each of the above statements, evidence as mentioned above, Gap 6, 7 evidence, Eul 2-1 through 4, the non-party company and defendant concluded a trust contract on June 29, 2004 and agreed on the trust contract as follows: "the non-party company shall make the business site a trust property; the non-party company shall trust the above trust property to the defendant; the trust property shall be acquired by the above trust property or the property acquired by subrogation; the profits accrued from the management of money belonging to the above trust property, such as the proceeds from the disposal of the above trust property; and the proceeds from the disposal of the above trust property; and the above trust property shall be returned to the non-party company upon cancellation of the contract, and if the non-party company returned the proceeds received by the defendant to the non-party company by the account for the management of proceeds from the sale in the name of the real estate; and if the non-party company returned the proceeds from the sale in the name to the buyer again, the commercial property in this case should be returned to the trust property itself after the cancellation of the sale contract.