1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

On August 11, 2009, Jeonju District Court rendered a voluntary decision to commence the auction on August 11, 2009 with regard to E 50 square meters in land E, F 4,939 square meters in land, G 2 square meters in land, H 15 square meters in land, and I large 205 square meters in land (hereinafter “instant trust land”).

With respect to the instant trust land, the registration of transfer of ownership was made in the name of Defendant B who was awarded a successful bid in the said voluntary auction procedure on March 18, 2011.

Defendant B entered into a title trust agreement with Nonparty K and completed the registration of ownership transfer on the instant trust land under his own name.

The trust land of this case was awarded in KRW 991,11,00, and the interest on delay in the payment of the sale price is bound to be paid at KRW 52,483,735, and as a result, Defendant B paid KRW 1,043,594,735 in total with the sale price of the trust land of this case.

K obtained a loan of KRW 800 million in the name of Defendant B to pay part of the proceeds from the sale of the trust land of this case from the Busan Fisheries Cooperatives (hereinafter referred to as the “BA”) on March 16, 2011.

On March 18, 201, K created a joint mortgage on the trust land of this case under the name of the defendant B with respect to thebuan Bank, the maximum debt amount of which is 1,040,000,000,000, and the joint collateral mortgage on the trust land of this case under the name of the defendant B. On the same day, K created a superficies with respect to the whole trust land of this case 30 years from the date of establishment of the term of existence.

Of the proceeds from the sale of the trust land of this case, 78,893,700 won and interest for delay 52,483,735 won and interest for delay shall be borne by K.

On the other hand, K paid acquisition tax of KRW 45,591,100 and registration and license tax of KRW 277,200 at the acquisition cost of the instant trust land, and paid KRW 4,291,60,00 as registration and license tax, etc. to set joint collateral mortgage and superficies under the name of the subsidiary bank on the instant trust land.

Accordingly, K is the trust land of this case.