1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 6, 2006, Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) and Ilyang-si Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) concluded a real estate management trust agreement with the truster and beneficiary, the trustee, and the Korea Asset Trust Co., Ltd. (hereinafter “instant real estate trust agreement”) with the first beneficiary of the first priority beneficiary of the Promotion Savings Bank (hereinafter “the instant trust agreement”).

Of the terms of the instant trust agreement, the part relating to the instant case is as follows.

- - Future - Article 18 (Time of Disposal of Trusted Real Estate) (1) In any of the following cases, such real estate may be disposed of at the request of the first beneficiary, even before the expiration of the period of trust:

(Sicker omitted)

1. Article 19 (Method of Disposal) (1) In case of a violation of the agreement concluded between the preferential beneficiary and the debtor and the credit transaction agreement, disposal of real estate trusted shall, in principle, be deemed disposal through competition in the open market;

Provided, That at the time of a failed inspection, a private contract may be concluded under the conditions immediately before the date of next disposition is publicly announced.

B. The Promotion Savings Bank filed a claim for a public sale of each of the instant real estate with the Korea Asset Trust on the ground of the nonperformance of the obligation to repay the loans by the Insting Korea.

As the real estate of this case is not sold in the above public sale procedure, the Promotion Savings Bank concluded a sales contract with the Korea Asset Trust and completed the registration of ownership transfer (hereinafter referred to as the “acquisition of ownership of this case”), and in the process, it is as follows.