1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 6, 2009, the High Industrial Development Co., Ltd. (hereinafter “High Industrial Development”) concluded a sales contract with Asian Trust Co., Ltd., which received a disposal trust from the BHousing Reconstruction and Improvement Project Association, to purchase a part of the stores in Jungcheon City Co., Ltd. (hereinafter “each of the stores in this case”) for KRW 8,478,018,40.

B. On December 11, 2009, the High School Development concluded a security trust agreement with the Asian Trust Co., Ltd. and each of the stores of this case. The Asian Trust Co., Ltd. completed the registration of transfer of ownership with respect to each of the stores of this case under the status of No. 12036 on the same day as the Suwon District Court Ansan Branch Registry for the same day.

C. On January 12, 2010, the Plaintiff entered into a contract for the purchase price of KRW 500,000,000 among the stores of this case and each of the store of this case, for the purpose of purchasing KRW 3042 of the 30,000,00,000 among the stores of this case (hereinafter “instant sales contract”).

On July 7, 2014, the Asian Trust Co., Ltd. issued a public auction notification on each shop of this case, and the public auction notification on each shop of this case contains the following contents:

Since there is a buyer (seller) who has entered into a contract for sale (sale) with the truster of the trust contract for the goods at public auction, the buyer shall succeed to the buyer's responsibility or settle it through a separate agreement.

(A) We can take separate measures at the time of non-assignment or non-agreement. The main lawsuit against the prohibition of disposal of real estate in the copy of the register of the subject matter of public auction (the appeal of revocation of fraudulent act, the winning of the first instance court) is in progress.

Accordingly, the buyer may lose ownership of a part of the subject matter of public auction according to the result of the lawsuit after the full payment of the purchase price and the transfer of ownership, and even in this case, the buyer may raise an objection to the seller.