1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) On November 24, 2009, the Plaintiff entered into a trust agreement with Defendant and C Co., Ltd. (hereinafter “C”).

) Ten financial institutions such as corporation and D, etc. (hereinafter referred to as “loan financial institutions”).

2) The building of this case is an apartment-type factory of the size of 10 stories above ground and the apartment-type factory of the size of 10 stories above ground and 20 square meters below ground, which is planned to be newly built on the land of E, 9,88 square meters in Gu and Si/Gun/Gu owned by the Plaintiff.

In concluding a management-type land trust contract, the truster and beneficiary, C as trustee, financial institution as the first priority beneficiary, Defendant as the second priority beneficiary, and H as the third priority beneficiary (hereinafter “instant trust contract”).

2) Of the instant trust agreement, the part relating to the instant case is as follows.

Article 9 (Beneficiary and Preferential Beneficiary) (3) The scope of preferential rights of preferential beneficiaries designated under paragraph (1) and the method of exercising preferential rights shall be as follows:

2. If the priority beneficiary has received the full repayment of the amount of claims, the rights and obligations of the priority beneficiary as provided for in this contract shall automatically be extinguished;

Where the claims of the priority beneficiary are extinguished, the priority order of the next priority beneficiary shall be promoted.

Article 13 (Contract for Construction Works) (1) A trustee shall enter into a contract for construction works with a contractor.

Provided, That if there is a contract for construction works already concluded between the truster and the contractor, such contract may be succeeded.

(2) Where a trustee fails to pay the construction price with trust property, the truster shall be responsible for the payment of the construction price to the contractor.

Article 15 (Methods of Sale, Management and Operation of Trust Real Estate) A trustee shall sell (including lease or disposal) and manage and operate trust real estate by the following methods:

1. A trustee may sell the trusted real estate in lots on the terms and conditions of the sale price determined in the business plan;

Provided, That the construction is completed due to unsold buildings, etc.