1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff (hereinafter “instant business”) entered into various credit agreements with the Korea Mutual Savings Bank, Promotion Mutual Savings Bank, Gyeonggi Mutual Savings Bank, and Gyeonggi Mutual Savings Bank (hereinafter “Co., Ltd.”) in order to raise funds to cover expenses incurred in carrying out the business while carrying out the business of constructing and selling shopping malls on the land (each real estate listed in the attached Table No. 40 through 43) of the Nam-gu Incheon Metropolitan City and three lots of land (hereinafter “instant business”). Accordingly, the Plaintiff (hereinafter “Co., Ltd.”) entered into various credit agreements with the Korea Mutual Savings Bank, Promotion Mutual Savings Bank, and Gyeonggi Mutual Savings Bank (hereinafter “Co., Ltd.”) and received loans equivalent to KRW

On June 18, 2003, the Plaintiff concluded a real estate security trust agreement (hereinafter “instant trust agreement”) with the Korea Mutual Savings Bank, etc. as the priority beneficiary, under which the Defendant trusted the “D” building located outside and outside three lots of land in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon (hereinafter “instant building, and each corresponding number of the units of the said building is specified “the instant building title”).

On June 19, 2003, the Plaintiff completed the registration of ownership transfer to the Defendant regarding the instant building in accordance with the instant trust agreement.

The main contents of the instant trust agreement in relation to the instant case are as follows.

Article 1 (Purpose of Trust) The purpose of this Trust is to preserve and manage the trusted real estate in order to guarantee the management of ownership of real estate held in trust and the performance of obligations or responsibilities owed by the truster, and to liquidate and settle the trust real estate in case of default

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate continuously and continuously, and shall bear all the expenses incurred in actual management, such as preservation, maintenance, repair, etc. of trust real estate.

(2) Where a truster has obtained prior consent from a trustee, he/she shall lease, create a mortgage on the trusted real estate.