The plaintiff's primary claim and conjunctive claim against the defendants are all dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

Defendant C and E, a director of the company, carried out the business of constructing a commercial building (hereinafter “instant business”) on the ground of 922.2m2m2 square meters (hereinafter “instant land”). On June 3, 2014, Defendant B borrowed KRW 1 billion from Defendant B with the due date set as follows, and agreed to pay Defendant B a business profit of KRW 300 million in return for borrowing the said money as above.

(hereinafter “instant agreement”). On September 24, 2014, the Plaintiff and the Defendant C concluded a sale-type land trust agreement (hereinafter “instant trust agreement”) with Defendant D and the Plaintiff, who entrusted the instant land to Defendant D with Defendant C as the truster of Defendant C, and the trustee acquired it. The trustee, who constructed a building on the instant land and sell the land and a building as trust property, determined the Plaintiff as the first priority beneficiary, Defendant B as the second priority beneficiary, and the Plaintiff as the third priority beneficiary.

The relevant provisions of the instant trust agreement are as follows.

Article 1 (Trust Purpose) (1) of the Land Trust Contract for Sale Type (Trust Purpose) The truster shall trust the land of this case to Defendant D with Defendant C as the beneficiary, and Defendant D shall accept it.

2. The purpose of this trust is to construct buildings listed in attached Form 2 (hereinafter referred to as "building") on the land and to sell land and buildings (hereinafter referred to as "trust real estate") by collectively referring to land and buildings as trust property.

[Attachment 4] Major Terms and Conditions Trust Period of Trust Contract: From the date of registration of the trust to the date on which three months elapse from the date of approval for use of the real estate listed in attached Table 2 (the scheduled date of April 30, 2016), the first priority beneficiary and the first priority beneficiary amount are KRW 5.2 billion, the first priority beneficiary and the second priority beneficiary amount are KRW 1.3 billion, the third priority beneficiary amount is KRW 4.2 billion.