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1. The judgment of the first instance is revoked, and the plaintiff's main claim is dismissed;
2. The plaintiff's ancillary.
Reasons
1. Facts of recognition;
A. From March 17, 2009, the Plaintiff began to supply ready-mixed, etc. to B, and B purchased the instant land on September 25, 2009 and completed the registration of ownership transfer on the same day.
B. On March 30, 2010, B entered into a real estate security trust agreement between Defendant K non-real estate trust and Seosan Saemaul Savings Depository as joint first beneficiary, B as trust principal and trust profit beneficiary, and completed the registration of ownership transfer caused by the trust in the future of Defendant K non-real estate trust, and thereafter, the content of the trust agreement was modified as shown below.
On March 30, 2010 on March 30, 2010, the first beneficiary of the trust principal and the second beneficiary's premium of profits, the Seocho-dong Saemaul Fund of KRW 1.95 billion on April 14, 2010, the amount of KRW 1.55 billion on April 14, 2010, the Seocho-dong Saemaul Fund of KRW 1.55 billion on April 1, 2010, the amount of KRW 1.68 billion on July 2, 2010, the amount of KRW 1.68 billion on July 2, 2010, the Seocho-dong Saemaul Fund of KRW 2.68 billion on July 2, 2010, the amount of KRW 1.6 billion on July 68 billion on July 2, 2010, the amount of KRW 1.6 billion on July 26 billion on July 7, 2010, the amount of KRW 1.68 billion on July 2, 20000 million.
C. On March 15, 2011, the payment order issued to the Busan District Court to request the payment order against B for the payment order (201 tea 2303) and the payment order was finalized to pay the Plaintiff KRW 91,903,540 and interest interest thereon.
B On May 27, 2011, the instant land was transferred from Defendant D non-real estate trust to the ownership of B and returned to Defendant A by completing the registration of transfer of ownership based on the ownership attribution of trust property in the future. On the same day, Defendant A completed the registration of transfer of ownership due to the instant sales contract.
E. Defendant A, upon completion of the registration of transfer of ownership as above, immediately after completion of the registration of transfer, shall be 1.5 billion won for Defendant KB real estate trust, forest-dong Saemaul Savings Depository (profit-making premium) and 1.56 billion won for the profit of Seosan Saemaul Savings Depository.