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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 22, 2013, the Plaintiff and D and E agreed to jointly carry out the business of constructing and selling G buildings (hereinafter “instant building”) on the ground of the Jung-gu Incheon Metropolitan Government 1,093 square meters (hereinafter “instant land”) and contracted the construction work of the instant building at KRW 5,591,300,000 to the Jung-gu Construction Industry Co., Ltd. on the same day (hereinafter “Mari Construction Industry”).
B. On November 29, 2013, the Plaintiff, Defendant B, and D completed each registration of ownership transfer as to the Plaintiff’s 154/1,093 shares, Defendant B’s 447/1,093 shares, and D’s 492/1,093 shares. On the same day, the National Bank Co., Ltd is a beneficiary (amounting to 3,600,000,000) and trust the instant land to H Co., Ltd. (hereinafter “H”), the representative director of which Defendant C is the representative director.
The truster, Defendant B, and D trust the instant land (hereinafter “trust real estate”) to H (hereinafter “trustee”) and the trustee, when accepting the trust, enter into a real estate security trust agreement (hereinafter “trust agreement”) as follows.
Article 1 (Trust Purpose) In order to ensure the management of ownership of real estate held in a trust and the performance of obligations or responsibilities owed by the truster (including the debtor, if any; hereinafter the same shall apply) to him/her, the trustee shall preserve and manage the real estate held in a trust and liquidate and settle the trust when he/she
Article 12 (Duty of Good Faith and Liability for Warranty) (1) A trustee shall have the duty of due care as a good manager for the preservation, management and other trust affairs of real estate in trust, and the truster shall assume the responsibility for the defects of
Article 17 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, real estate in trust shall be disposed of at the request of the priority beneficiary even before the expiration of the trust period: