1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a management body consisting of sectional owners of a building with the mark of the aggregate building located on the land outside 451-2 and 5 lots, Dong-dong, Chungcheongnam-gu, Seoul Special Metropolitan City.

B. Among the above buildings, the partitioned buildings of 606 (hereinafter “each of the instant real property”) owned re-security oil Co., Ltd. (hereinafter “re-security oil”) and the registration of ownership preservation was made in the name of re-security oil on January 24, 2006, and on the same day, the registration of ownership transfer was made in the name of the Defendant on the grounds of trust between the Defendant and the Defendant.

C. On January 24, 2006, the Defendant entered into a trust agreement on each of the instant real estate (hereinafter “instant trust agreement”) with the re-security oil, prepared the trust ledger and registered the said trust ledger along with the above trust registration.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim

A. The plaintiff asserted that the management expenses of each real estate of this case were approximately KRW 11,319,780 each month, and approximately KRW 135,837,360 each year. Thus, the defendant, who is a sectional owner of each real estate of this case, is obligated to pay the plaintiff the amount of KRW 50,000,000, which is part of the total management expenses for the last three years of the above management expenses, for the last three years. The defendant asserted that the above trust contract has opposing power upon the registration of the trust ledger included in the trust contract with the re-expenses, while the trust contract has opposing power to the third party, the defendant did not have any obligation to pay the above management expenses.

B. Article 3 of the former Trust Act (amended by Act No. 10924, Jul. 25, 2011) provides that “a trust with respect to the property right to be registered may oppose a third party by making a registration thereof (paragraph (1)).” The former Registration of Real Estate Act (amended by Act No. 10580, Apr. 12, 2011).