1. The plaintiff's claim is dismissed.

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

Basic Facts

Around July 2007, the Plaintiff opened the Plaintiff’s C Center (hereinafter “instant sports center”). Around July 2007, the Plaintiff newly opened and operated the C Center equipped with a terter, indoor skiing ground, golf driving range, and physical training training center (hereinafter “instant sports center”). The instant sports center was conducted with a sports center and a golf driving range, and the instant sports center was conducted on the first to third floors of the sports center’s 1st, 2 to 4th floor, the indoor skiing ground, and the golf driving range and physical training center in the driving range operation.

In the sports center of this case, each movable mentioned in the attached list (hereinafter “each movable of this case”) was established and used.

On October 16, 2007, the Plaintiff acquiring the Defendant’s sports center through the public auction procedure obtained a loan of KRW 130 billion from the E Bank, F Organizations, and G (hereinafter “SY”) (hereinafter “instant loan”). Around that time, the Plaintiff’s ownership for the purpose of security was “84,526.7/8, 84,526.7/7/7 of the instant sports center’s site and the remainder of 81,548.76/8.76/20 of the sports center’s site and the sports center’s site were registered as a site right with the consent to the sports center, Dong-dong and the golf driving range, and the sports center’s No. 87, Dong-dong and the sports center’s No. 177, Dong-dong and 4, other than the sports center’s No. 5, the entire building of this case.

B Trusted to J Co., Ltd. (hereinafter “J”), and the lender set the first priority beneficiary (hereinafter “the first priority beneficiary”) as the first priority beneficiary (hereinafter “the first priority beneficiary”).

(hereinafter referred to as “instant trust agreement.” As the Plaintiff was unable to repay the instant loan, the public auction procedure was initiated by J on the instant land and building (hereinafter “instant public auction procedure”), and the Defendant (former: K Co., Ltd.).