The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Further to the evidence newly submitted to this court in the first instance court citing the judgment of the court of first instance, the fact-finding and judgment of the court of first instance are justified even if all of the allegations of the parties are examined.

Accordingly, the reasoning of the judgment of this court is as follows, except for the addition of the judgment, which is identical to that of paragraph (2), as to the plaintiff's assertion or new assertion made again by this court, and therefore, it is consistent with the reasoning of the judgment of the first instance. Thus, it is cited by the main sentence of Article 420

Under the second sentence of the first instance judgment, “Real Estate Security Trust Contract” (hereinafter “instant Trust Contract”) shall be added to “Real Estate Security Trust Contract” (hereinafter “instant Trust Contract”).

The status of a person with preferential interest shall be deleted in the third part of the judgment of the first instance.

The third part of the judgment of the court of first instance in the 10th part of the 10th part of the judgment, “Defendant” added “The first part of the right to benefit acquired with respect to the instant real estate in accordance with the instant trust agreement shall be deemed to have secured an intermediate payment loan claim of KRW 70 million against B.”

2. Additional determination

A. According to Article 1-2 of the Trust Deed of this case as to whether the Defendant’s preferential right to benefit guaranteed the Plaintiff’s claim subrogated by the Plaintiff, Article 1-3-2 of the Trust Deed of this case provides that “The purpose of this trust is to preserve and manage the trust real estate in order to guarantee the management of ownership of the trust real estate and the performance of obligations or responsibilities owed by the truster, and to liquidate and settle the trust real estate when the trustee fails to perform his/her obligations.” Article 1 of the Special Agreement Clause of this case provides that this special agreement includes the management of ownership of the trust real estate and the debtor separately.

hereinafter the same shall apply.

In order to ensure the fulfillment of any obligation to be borne by the trustee, in the event of any cause or event prescribed in Article 18 of this Trust Contract or this Special Agreement, the trustee shall be subject to the provisions of this Agreement.