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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B’s entire gold claim 1) C is the land indicated in Section 1 through 3 of the annexed Table of Real Estate List (hereinafter “instant land”).
(3) As to the instant apartment building, the instant apartment building, which is a building for residence and neighborhood living facilities under paragraphs (4) through (39) of the attached list of real estate, is “D apartment” (hereinafter referred to as “instant apartment,” and the instant land and apartment, collectively, “instant trusted real estate
E Co., Ltd. (hereinafter “E”) as the contractor while carrying on the business of building and selling them in lots.
(1) On December 19, 2008, the following contents are as follows: (a) the instant apartment was completed and the Defendant and the non-party company as the first beneficiary: (b) the real estate disposal trust agreement (hereinafter “instant trust agreement”); and (c) the instant apartment is as follows.
The trust agreement of this case was concluded. The main contents of the trust agreement of this case are as follows. [The purpose of the trust agreement of this case is to dispose of the trust real estate of this case] The purpose of this trust is to enable the defendant to dispose of the trust real estate of this case. Article 3 (Trust Period) (1) The trust agreement period is from December 19, 2008 to December 18, 2009: Provided, That where the ownership transfer registration is made after disposing of the trust real estate, the time of termination shall be the time. (1) The beneficiary under this trust agreement shall be in principle C, and if it is necessary for separate designation, it shall be determined by a special agreement. (2) The beneficiary may be additionally designated or replaced with the consent of the defendant. (1) The defendant shall dispose of the trust real estate of this case in accordance with the disposal price, method and disposal conditions that it deems appropriate, and shall be determined after consultation with C or the beneficiary.