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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) B Co., Ltd. (hereinafter “B”) on the instant commercial building
2) On July 1, 2009, the ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) shall be the ES Savings Bank.
2) From the Seo-gu Incheon Seo-gu C Site and D Site (hereinafter referred to as the “instant site”), the total of the above sites is “instant site.”
(E) The building of the “E” (hereinafter “instant commercial building”)
(2) On February 26, 2010, B entered into a trust agreement with the Korea Asset Trust Co., Ltd. after completing the instant commercial building and completing the registration of initial ownership. On March 3, 2011, B entered into a trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”) on trust (hereinafter “instant trust agreement”) of the instant commercial building, and completed the registration of ownership transfer in the name of the Incheon District Court, Seocheon Office, Incheon District Court No. 15096, Mar. 4, 2011, based on the trust agreement.
3) The instant trust contract aims to ensure the fulfillment of the obligation or responsibility owed by B to the ice Savings Bank. The ice Savings Bank is the first beneficiary entitled to profit from the instant commercial building, which is a trust property, in preference to B, within the limit of 10 billion won for profit-making premium. (B) Where part of the instant commercial building was unsold in lots, the Defendant, a trustee in bankruptcy of the ice Savings Bank, requested a public sale on October 18, 2012, with respect to the instant commercial building, 101 and 24 households (hereinafter “instant unsold commercial building”).
2) On November 23, 2012, the case real estate trust proceeds with a public auction procedure on the instant unsold commercial buildings through the notice of the public auction of the real estate auction, but the final bid was made on December 20, 2012.