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. On December 31, 2002, Korea Co., Ltd. (1) signed a real estate trust agreement and fund management agent agreement with the K non-real estate trust company (hereinafter “K non-trust”) on the instant project site as the project executor for the new construction and sale of the construction of the main complex building (hereinafter “instant project site”) in Ansan-si and four lots (hereinafter “instant project site”). On the same day, the registration of ownership transfer was completed on the instant project site due to the trust in the K non-trust on the same day.

(2) On October 2004, K non-trust could no longer pay the construction cost to Young Dud Integrated Construction Co., Ltd. (hereinafter “Yk Dud Construction”), a contractor, due to the lack of trust property, and eventually, the construction was processed in default.

B. Under the above circumstances, the instant public sale and Rottete Co., Ltd. conducted a public sale of the instant project site (hereinafter “instant public sale”) in accordance with the said trust agreement. The instant public sale was accompanied by the condition that “the purchaser shall accept the initial payment for the buyers who entered into the instant public sale contract with the trustor, shall accept the rights and obligations under the sales contract, and shall submit the written consent to the buyer’s consent to the buyer’s acceptance of the rights and obligations, and shall submit the written deposit to the buyer who failed to submit the written consent by the due date prior to the due date for the remainder payment.”

(2) During the instant public sale procedure, Mdrid Co., Ltd. (hereinafter “Madrid”) was decided to be a purchaser of the instant project site, and Hdddrid Co., Ltd. (hereinafter “Madddrid”)