2. The costs of lawsuit are assessed against the plaintiffs.

A. On October 11, 2006, Nonparty Co., Ltd. purchased the instant land and three parcels, including Pyeongtaek-si E (hereinafter “instant site”), and trust (hereinafter “instant trust”) of the instant land to Defendant Crocco Asset Trust Co., Ltd. (hereinafter “Defendant trust company”) with the intention to secure the loan claims against the Plaintiff’s National Credit Union Federation of Korea, etc. as the first beneficiary of the National Credit Union Federation of Korea, etc. as the first beneficiary.

B. On July 20, 2009, while the non-party company newly constructed an aggregate building designed on the ground level 1 and 6th above ground level (hereinafter “the instant building”), including each real estate listed in the separate sheet on the instant site, the non-party company prepared and issued a letter of consent to change the name of the owner (project owner) and a letter of waiver and transfer of the right to implement the project, with the purport that “The Defendant trust company waives all rights related to the construction of the instant building and the instant building, transfers it to the Defendant trust company, and consents to the change of the name of the owner to the person designated by the Defendant trust company.”

C. Around November 10, 2009, upon the request of the priority beneficiary of the instant trust to dispose of the instant land, a public auction was commenced for the instant site. On November 18, 2009, Defendant Asung Holdings Co., Ltd (hereinafter “Defendant Co., Ltd”) purchased the instant site in the public auction process, and concluded a trust agreement with Defendant trust company on November 20, 2009 with regard to the instant site.

Around November 26, 2009, the Defendant Company changed the name of the owner of the instant building from the non-party company to the Defendant company with the consent of the Defendant trust company, and completed the new construction of the instant building continuously.

E. After that, F, a creditor of the Defendant Company, was subject to a provisional disposition of prohibition of disposal of the instant building by Sungwon District Court Branch Branching 2010Kahap337, and ex officio from Suwon District Court on July 27, 2010 to register provisional disposition following the provisional disposition.