1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Basic Facts

On September 3, 2010, the Korea Development Bank General Development Co., Ltd. (hereinafter referred to as "Co., Ltd.") has changed the trade name in the Promotion Savings Bank Resolution Co., Ltd. to the Promotion Savings Bank Resolution Co., Ltd., and on May 20, 2013, the Plaintiff was appointed as a trustee in bankruptcy by being declared bankrupt by Seoul Central District Court No. 2013Hahap64 on May 20, 2013.

On September 3, 2010, the Korea Savings Bank Co., Ltd. has changed its trade name to the Korea Savings Bank Co., Ltd., and on April 30, 2013, the plaintiff was appointed as a trustee in bankruptcy after being declared bankrupt by Seoul Central District Court 2013Hahap47.

In order to secure the loan obligation by obtaining a loan from the person in charge of the loan, the truster, the trustee, the Promotion Savings Bank credit resolution company and the Korea Savings Bank credit resolution company concluded a real estate security trust agreement with the joint beneficiary with respect to the total number of 33 units, including No. 203, 204, 302, 401, 402, 403, 404, 502, 503, 506, and 101 (hereinafter “each real estate of this case”) among the "Pein Building," which is an aggregate of two lots of land, namely, the Eunpyeong-gu Seoul Metropolitan Government 304-2 and 2 lots of land, including the trustee, the trustee, and the Korea Savings Bank credit resolution company as the first priority beneficiary.

(hereinafter “instant trust agreement”). According to the instant trust agreement, if a truster violates a credit transaction agreement with the priority beneficiary, the truster may dispose of the trust real estate upon the request of the priority beneficiary even before the expiration of the trust period (Article 17(1)). In this case, the disposal of the trust real estate is in principle disposed of through competition in the open market, but the disposal of the trust real estate can be concluded on the condition of immediately preceding disposal before the next public announcement of disposal date.

(Article 18(1) of the Promotion Savings Bank Co., Ltd., and the Korea Savings Bank Co., Ltd., requested to dispose of each real estate of this case to the K non-Real Estate Trust Co., Ltd., as a result of delinquency in repayment of loans.

Since then, as the real estate in this case was failed in the public sale procedure, the Promotion Savings Bank and the Korea Savings Bank shall purchase the securities in this case.