The plaintiff's appeal and the selective claim added in the trial are all dismissed.

costs of lawsuit after an appeal are filed.

1. Basic facts

A. The Plaintiff is the implementer of the new construction project of officetels (multi-family housing in a total of 46 units of houses) on the nine-story above the ground of Busan Dong-gu F 505.80 square meters (hereinafter “instant land”). The Plaintiff is the implementer of the new construction project, and the corporation G (hereinafter “G”) is the contractor of the said new construction project.

B. On September 16, 2013, the Plaintiff entered into a real estate security trust agreement with D Co., Ltd. (hereinafter “D”) with the priority beneficiary regarding the instant land in order to raise construction costs, etc. for the said new construction project.

On September 16, 2013, the Defendant issued and delivered the certificate of beneficial interest amounting to KRW 2,600,000,000 from D, and loaned KRW 2,000,000,000 to the Plaintiff on September 16, 2013, plus KRW 70,000,000 on November 6, 2013.

C. The Plaintiff completed the construction of the instant officetel on January 2014, and completed the registration of ownership preservation on February 23, 2014 upon obtaining approval for the use thereof on February 23, 2014.

(2) On March 1, 2014, the Plaintiff issued a certificate of beneficial interest of KRW 2,600,000,000 to the Defendant on April 4, 2014, the Plaintiff issued the certificate of beneficial interest of KRW 2,60,000,000 to the Defendant as the first beneficiary in relation to the instant building between D and D.

When the Plaintiff delayed the repayment of the principal and interest of loan to the Defendant, the Defendant requested the realization of the instant real estate, which is a trust property, to D on August 1, 2014.

D The real estate of this case is KRW 2,690,718,777 in total to E Co., Ltd. (hereinafter “E”) through the public sale procedure = Value-added Tax for the building of this case of KRW 2,584,00,000 in purchase price of KRW 106,718,777 in total, but Article 106(1)4 of the Restriction of Special Taxation Act and Article 106(4)1 of the Enforcement Decree of the same Act with respect to a house with an exclusive residential area of not more than 85 square meters among the buildings of this case.