1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. On September 6, 2006, in order to secure the loan obligation when a promotion mutual savings bank (hereinafter “promotion savings bank”) was granted a loan from the promotion mutual savings bank (hereinafter “promotion savings bank”), the company entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on September 6, 2006 and the high-si 606-1 and 305 through 310 (hereinafter “each real estate of this case”) with respect to the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) as the truster and beneficiary, trustee, and Korea Asset Trust Co., Ltd. as the first priority beneficiary.

B. According to the instant trust agreement, a truster or a preferential beneficiary may sell (including disposal) trusted real estate to the preferential beneficiary for the repayment of his/her obligations (Article 8 of the special agreement). In cases where a debtor violates the agreement entered into with the preferential beneficiary and credit transaction agreement, even before the expiration of the trust period, the trustee may dispose of trusted real estate upon the request of the preferential beneficiary (Article 18). In such cases, the disposal of trusted real estate shall, in principle, be disposed of through competition in the open market. However, a negotiated contract may be concluded on the condition of disposal immediately before the next disposal date.

(Article 19). (c)

The Promotion Savings Bank requested the disposal of each of the instant real estate in Korea to the Korea Asset Trust as a result of the default of the repayment of the loan obligation by the Insting Korea. Accordingly, the Korea Asset Trust commenced the public sale procedure of each of the instant real estate on October 2010, and as a result, the said public sale procedure was failed to be conducted up to the seventh public sale, the Promotion Savings Bank final the sales price for the Korea Asset Trust and each of the instant real estate from December 27, 2010 to January 17, 2011.