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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The district housing association B (hereinafter “instant association”) borrowed KRW 160 billion from D’s primary company (hereinafter “the first company”) on May 27, 2014 in order to raise funds necessary for the said new construction project, as the executor of the new apartment construction project, which is conducted in Dongjak-gu Seoul Metropolitan Government and one hundred six parcels (hereinafter “instant project site”) and the two companies (hereinafter “dusan Heavy Industries”), a contractor, borrowed KRW 60 billion from D’s primary company (hereinafter “the first company”), and the two companies (hereinafter “dusan Industries”), a contractor, jointly and severally provided a joint and several surety for the loans debt of the instant association.
Since then, the third party Co., Ltd. (hereinafter referred to as "dithy third party Co., Ltd.") acquired credit equivalent to KRW 10 billion from the first and second phases of May 21, 2015, respectively.
B. The instant association concluded a real estate security trust agreement with the Defendant as a security for the said borrowed money, and entrusted the business of preserving and managing the ownership of trusted real estate and settling accounts for debts to the Defendant, the trustee, and finally designated the priority beneficiary as the first or third-lanes through several amendments to the contract.
C. On January 2016, the two industries completed the new construction of D Apartment 259 households on the ground of the instant project site (hereinafter “instant apartment”).
Accordingly, on January 28, 2016, the instant association concluded a real estate security trust agreement with the Defendant on the instant project site and apartment house (hereinafter “instant trust agreement”) and completed the trust registration under the said trust agreement on February 3, 2016.
According to the instant trust agreement, the first beneficiary may obtain profits in preference to the instant association, which is the truster and the beneficiary, within the scope of the amount stated in the certificate of beneficial rights (Article 7). The first beneficiary stipulated in the said trust agreement is the first beneficiary.