A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant Digital Construction Co., Ltd. and A

A. On June 18, 2003, Defendant Korea Co., Ltd. (Gu: Doo Pin Co., Ltd.) concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with the said banks as priority beneficiaries on the following grounds: (a) each real estate listed in the separate sheet was the owner of the building in Nam-gu, Incheon (hereinafter “instant building”); and (b) on June 18, 2003, the said banks as priority beneficiaries had the obligation to lend to the Korea Mutual Savings Bank, etc.

On June 19, 2003, the Plaintiff completed the registration of ownership transfer on the instant building pursuant to the instant trust agreement.

Of the instant trust agreement, the content relevant to the instant case is as follows.

Article 1 (Purpose of Trust) The purpose of this case is to preserve and manage the trust real estate in order to guarantee the management of ownership of the trust real estate and the performance of obligations or responsibilities owed by the truster, and to liquidate and settle the trust real estate in the event of default.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate continuously and continuously, and shall bear all the expenses incurred therein, such as actual management, such as preservation, maintenance, repair, etc. of trust real estate.

(2) Where a truster has no prior consent of a trustee, he/she shall not reduce the value of trusted real estate by means of restricting the ownership, such as lease, establishment of mortgage, establishment of a lease right, etc., or by changing the current state of trusted real estate.

Article 10 (Lease, etc.) (1) A lease contract concluded between a truster and a lessee before a trust contract is concluded shall be effective in its entirety, and the truster shall submit to the trustee a certificate of lease accompanied by a copy of the rental contract.

Provided, That where the name of the lessee under the lease contract is renewed as the trustee and the lease deposit is transferred and taken over between the truster and the trustee, the trustee shall be the lessor.