1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a trust company that entered into a trust contract with C, as seen below, and the Defendant is a trust company that entered into a trust contract with C, from September 5 to October 31, 2018.

B. (1) On June 23, 2015, the Defendant entered into a trust contract, etc.) 3,974m2 in Gwangju Mine-gu (hereinafter “instant land”) with C on June 23, 2015.

As to the trust term with respect to each real estate security trust agreement (hereinafter “instant trust agreement”) setting the trust term from June 23, 2015 to the time of the repayment of debts to the first beneficiary, each of the first first beneficiaries is the E Union’s net point (the maximum amount of preferential benefit: KRW 3.64 billion).

(2) Around October 2016, F Co., Ltd. (the upper limit of the first priority interest: KRW 1.69 billion; KRW 3 billion; KRW 1.729 billion) was added to the second and third priority beneficiary of the instant trust agreement, which entered into an amendment contract to the original trust register, with the following: (a) around October 2016: the Defendant, C, and EF branch; (b) the second and third priority beneficiary of the instant trust agreement; and (c) the third priority beneficiary amount: KRW 1.729 billion.9 million.

3) After the Defendant, the public auction procedure for the instant land was initiated by the Defendant, and G Co., Ltd. (hereinafter “G”).

(4) G concluded a sales contract with the Defendant on September 18, 2018, setting the sales price of the instant land as KRW 12.3 billion upon receiving a successful bid in the said public sale procedure, and completed the registration of ownership transfer based on the said sale on November 14, 2018.) G completed the registration of ownership transfer based on the trust on the same day with H Co., Ltd. on November 14, 2018.

C. 1) The Plaintiff, on November 5, 2018, written promissory notes No. 1) indicated as the issuer C, the payee, the Plaintiff, the face value 66 million won, the issue date, August 3, 2018, and November 9, 2018 (hereinafter “instant Promissory Notes No. 1”).

As to the Promissory Notes No. 1 of this case, the Co., Ltd. shall entrust the preparation of the authentic deed of promissory Notes No. 1 of this case.