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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. The Roam Construction Co., Ltd. (hereinafter referred to as “stock company” from the time of the second referring to the Co., Ltd.) carried out the business of constructing and supplying apartment buildings of 544 households to the land allotted by the authorities in recompense for development outlay (hereinafter referred to as “B site”) in Daejeon-gu, Daejeon-gu, Daejeon-gu Seoul (hereinafter referred to as “B site”), and to the said D’s land allotted by the authorities in recompense for development outlay (hereinafter “ apartment site”).
B. A credit transaction agreement and a real estate security trust agreement 1) Roam Construction on September 20, 2007 for this purpose with the Defendant and ① A credit transaction agreement between the Defendant and the Defendant on September 20, 2007 with a limit of KRW 25 billion (21.498 billion thereafter) (hereinafter “B lending”).
(2) The credit transaction agreement between 100 billion won and 45 billion won for apartment construction projects (hereinafter referred to as the “multi-family loan”) (hereinafter referred to as “multi-family loan”).
A) Around September 2007, Roam Construction entered into a real estate security trust agreement (hereinafter “the instant trust agreement”) with 1,62.5 billion won for the Defendant, the first beneficiary, and the first beneficiary (=A amount of lending limit of KRW 2.5 billion to apartment house of KRW 2.5 billion x 130%) in order to secure each of the above lending obligations.
C. Although the completion of apartment construction and the additional real estate security trust contract 1) project did not proceed with due to insufficient feasibility, apartment construction was completed on May 31, 2010. 2) On June 25, 2010, Maamam Construction concluded a real estate security trust agreement (hereinafter “ Asian trust agreement”) with the Asian trust company and trust real estate in which the Defendant, the preferential beneficiary, the limit of preferential profit amounting to KRW 214.21 million, in order to secure apartment loan obligations.
Smart City Co., Ltd. 1, a company that transfers smart City dividends to the defendant of Round Construction, shall be around June 2004.