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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 11, 201, the Defendant Crocc Asset Trust concluded a management-type land trust agreement to promote the business of constructing and selling officetels and neighborhood living facilities, etc. (hereinafter “instant trust real estate”) under a trust with the land of Gangnam-gu Seoul and constructing and selling the buildings (hereinafter “instant trust real estate”), referring to land and buildings, etc. (hereinafter “instant trust business”).
B. The Defendant Korea Investment Savings Bank (hereinafter “Defendant Korea Investment Savings Bank”) is a financial institution that loaned funds to A, the truster, to promote the instant trust business, and is the first beneficial right holder of the instant trust real estate.
C. On December 26, 2012, the Plaintiff entered into a sales agency service contract with A to vicariously carry out the sales of the instant trusted real estate and to receive the relevant fees, but the instant trust business was not normally promoted due to provisional attachment and provisional disposition by other creditors, and accordingly, did not proceed properly.
On January 1, 2013, the Plaintiff concluded three sales contracts on behalf of the Plaintiff, but the Defendant Korea Investment Savings Bank was unable to perform sales business according to the sales agency service contract concluded with A on August 16, 2013 on the ground that it applied for public sale of the instant trusted real estate to recover loans.
E. Around January 2014, the Plaintiff presented a proposal for a parcelling-out agency with the content of 101, 102, and 201 (hereinafter “this case’s trust property”) among the instant trust real estate, which was inspected in the disposition of public sale, to the Defendant Korea Investment Savings Bank for the purpose of reconsigning a contract for the sale of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of the trust of