1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 2, 2006, the Plaintiff entered into a real estate security trust agreement on each of the instant land (hereinafter “instant land security trust agreement”) with the Defendant Korea Land Trust as security for the land of the Nam-gu, Nam-gu, Gwangju and three lots of land (hereinafter “instant land”) and the building on its ground (hereinafter “instant building”). On October 2, 2006, the Plaintiff set the profit-making premium amounting to KRW 5.435 billion in total, as first priority beneficiary, as first priority beneficiary, and KRW 3.255 billion in profit-making profit-sharing premium amounting to KRW 3.25 billion in total.

The defendant Korea's land trust issued to the plaintiff on the same day the certificate amounting to KRW 2.185 million, the indication of the trust real estate in this case, and the beneficial rights certificate (certificate number: collateral number: 06-074) stating the first priority beneficiary in China.

B. On October 4, 2006, the Plaintiff, C, and C, and C, as the Plaintiff’s representative, concluded a loan agreement of KRW 2.5 billion between the Plaintiff and the Plaintiff as the joint guarantor (hereinafter “instant loan agreement”). The first loan determined that “after a security trust agreement for the instant land was concluded and the said association was issued a certificate of beneficial rights,” and the second loan was implemented “when a security trust agreement for the instant building was concluded after the registration of initial ownership and the registration of initial ownership was completed.”

C. On October 12, 2006, the Plaintiff entered into a real estate collateral trust agreement with the Defendant Korea Land Trust on the instant building (hereinafter “instant building collateral trust agreement”) with the Plaintiff, and set the profit amount as KRW 5.435 billion in total, as the first priority beneficiary, and KRW 3.25 billion in the profit amount for the mid-to long-term credit agreement.

On December 1, 2006, the Defendant’s land trust in Korea is the Plaintiff’s KRW 2.185 million, and the indication of real estate in trust is the instant building and the first priority beneficiary.