1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. Upon entering into a land sales contract, Dongnam Development Co., Ltd. (hereinafter “Co., Ltd.” in the name of the company”) and construction of master water (hereinafter “Dongnam Development, etc.”) concluded a sales contract for the said land (hereinafter “instant sales contract”) with the Plaintiff to carry out a new rental apartment construction project with a scale of four complexes on the land owned by the Plaintiff, such as the 218m2 in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul (hereinafter “Dongnam Development, etc.”) and set the sales price as KRW 11,98,302,984, around December 2001.

The plaintiff completed the registration of ownership transfer of the above land around January 2002 to Dongnam Development, etc.

B. On January 18, 2002, the lease-type and sale-type land trust contract is concluded 1) Dongnam Development et al. with the Defendant and the Defendant, whose main duty is real estate development trust on January 18, 2002, trust the instant land to the Defendant and the apartment of “C” above (hereinafter “instant apartment”).

(1) After the new construction of the instant land and apartment (hereinafter collectively referred to as “trust real estate”)

(2) Around February 7, 2002, the Defendant entered into a housing construction project plan with the head of Ulsan-do, the head of Ulsan-do, to change the project entity into the Dongnam Development, etc. in accordance with the above lease-type land trust agreement. Then, on October 13, 2002, the Defendant entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant to trust the instant land between the Defendant and sell the trusted real estate by constructing the instant apartment.

On November 7, 2002, the Defendant obtained a modified approval for the housing construction project plan for the modified portion from the head of Ulsan Northern District Office.

3. The trust contract of this case.