1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Conclusion of the instant trust contract, etc. and the relationship of rights of the instant shopping mall A (hereinafter “A”)

(C) On the land outside Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant commercial building”).

(1) On October 30, 2012, the Plaintiff was declared bankrupt on October 30, 2012 by Busan District Court 201Hahap7, and was appointed as bankruptcy trustee.

hereinafter referred to as the "Franch Savings Bank"

A) Around June 2011, in order to obtain a loan from the Defendant and secure the repayment of the loan obligation, the Defendant entered into a real estate security trust agreement with the Defendant with respect to the above Ddong land, whereby the first beneficiary is the Pacific Savings Bank, E (joint No. 1), F (2), and the Dae Young Savings Bank, Inc. (Third) (hereinafter “instant trust agreement”).

J. :

A. The first beneficiary, including the Busan Construction, the Defendant, and the Pacific Savings Bank, concluded a fund management agency contract (hereinafter “the instant fund management contract”) to determine matters related to the said commercial building’s sales business. The main purpose of the instant trust contract and the fund management contract is to ensure the management of ownership of real estate held in the instant trust and the performance of obligations or responsibilities borne by A, a truster, the trustee, the Korea Land Trust, the trustee, to preserve and manage the trust property and to liquidate it at the time of default.

Article 18 (Time for Disposal of Real Estate in Trust) (1) In any of the following cases, the real estate in trust may be disposed of at the request of the priority beneficiary even before the expiration of the trust period:

Provided, That where the truster or the debtor additionally provides real estate deemed sufficient to secure the claims of the preferential beneficiary due to the occurrence of a reason under subparagraph 3, such real estate shall not be disposed of.

1. Where it violates a credit transaction contract concluded between the priority beneficiary and the debtor;

2. When the trust contract is violated;

3. Other matters.