1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. Samsung Mutual Savings Bank Co., Ltd. (hereinafter “BB bank prior to bankruptcy”) respectively lent KRW 6,750,000,000 (interest rate of 7% per annum, interest rate of 19% per annum), and KRW 800,000,000 per annum (interest rate of 9% per annum, and interest rate of 21% per annum) on May 28, 2010 to B Co., Ltd. (hereinafter “Nonindicted Company”).

B. On October 14, 2010, the non-party company engaged in the new construction project of multi-family housing in Ulsan-gu E (hereinafter “instant project”), and the non-party company entered into an agreement with the bank prior to bankruptcy to the effect that “the bank prior to bankruptcy lends the non-party company KRW 7,550,000,000 to the non-party company and the non-party company establishes preferential right to benefit under the trust agreement for the said bank.” The non-party company entered into the land trust agreement (hereinafter “instant trust agreement”) with the trustee on October 14, 2010, the non-party company entered into an international trust company (hereinafter “international trust”), the Si Construction Corporation, the non-party company, the non-party company, the non-party company, the non-party company, and the non-party beneficiary of the second beneficiary prior to the bankruptcy, and the subordinate beneficiary of the corporation and the non-party beneficiary designated as the sub-party company

(2) The amount of the first priority profit limit of the bank prior to bankruptcy is set at KRW 8,775,00,000,000, the first priority profit limit of the bank prior to bankruptcy; KRW 5,250,00,000,000, the second priority profit limit of the bank prior to bankruptcy; KRW 22,000,000,000, the third profit limit of the bank prior to bankruptcy; and KRW 4,400,00,000, the third profit limit of the bank prior to bankruptcy; and KRW 7,00,000,000).

On June 24, 2011, the Seoul Central District Court (2011Hahap72) was declared bankrupt against the bank prior to bankruptcy, and the plaintiff was appointed as the bankruptcy trustee of the bank prior to bankruptcy.

On July 22, 2010, Nonparty Company purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on the same day. The Ulsan District Court received No. 49700 on May 22, 2013 as to the instant real estate.