2. The costs of lawsuit shall be borne by the Plaintiff.

2. There is no dispute between the parties as to the existence of a claim for short-term preservation.

However, in case where a person liable for debts to another person enters into a trust agreement with a third party on the whole real estate owned by him/her, and accordingly transfers the above real estate to a third party who is the trustee, the truster does not have any more responsible property available for the creditor to enforce compulsory execution. Therefore, it can be deemed a fraudulent trust.

However, in the case of so-called self-profit trust that a truster becomes a beneficiary under a trust agreement, the trust property is excluded from the truster's liability property, on the other hand, while the truster acquires a beneficiary right under a trust agreement and the truster's creditor can enforce compulsory execution against it. Unlike the act that a debtor sells and consumes real estate, it is difficult for the truster to dispose of the beneficiary's compulsory execution. In particular, where the trustee is a trust business that engages in a trust business with authorization under the Financial Investment Services and Capital Markets Act, it can expect the truster to perform the reliable trust affairs. Thus, when determining whether the trust establishment of a self-profit trust for the continuation of business constitutes a fraudulent act, the truster does not pay attention only to the aspect that the trust property merely deviates from the truster's liability and insolvency, but also, the truster's motive and content of the trust agreement, the status of the truster, and the other party of the trust, etc. are substantially reduced in the truster's liability and ability due to the creation of the trust, and thus, the truster's debt evasion is possible or attributable to the third party.