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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. Es&C Construction Co., Ltd. (hereinafter “S&C”) is an executor and a contractor of the construction of Btel buildings with the size of 20 stories above the ground level of 20 stories above the ground level on the ground level of 707 square meters (hereinafter “instant land”). The Defendant entered into a trust agreement with E&C for the execution of the construction of Btel buildings with the size of 20 stories above the ground level on the ground level.
B. On July 14, 201, S&C entered into a sale management trust agreement with the Defendant on the instant land owned by it, and completed the registration of ownership transfer based on the trust on the instant land on the same day, and commenced new construction of the said project from around that time.
The following provisions are stipulated in the sale management trust contract, business agreement, and agency contract entered into with the defendant, where the defendant can directly register the transfer of ownership to the buyer.
Article 27 [Additional Trust and Transfer of Ownership] (2) Where S&C requests termination of a trust to transfer its ownership to a buyer, the defendant may terminate the trust and make the buyer transfer registration at the same time as the trust is terminated, or directly transfer the ownership to the buyer.
Article 3 [Additional Trust of Completion Buildings and Transfer of Ownership in front of Parcelling-Outr] (3) The defendant may terminate the trust after giving prior notice to the buyer who fully pays the balance of the sale to the buyer, or may transfer the ownership to the buyer directly by the trustee.
(2) Where S&C requests the cancellation of the trust to the buyer who completely paid the sale price, such as transfer registration, after completion of Article 22 of the business agreement and the agency contract, the defendant shall terminate the trust with the buyer at the same time as the trust is terminated.