1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Facts of recognition

The non-party company, which entered into the instant trust contract, entered into a trust contract with the Defendant on April 10, 2015 (hereinafter “instant trust contract”) with a view to carrying out the business of newly constructing and selling a building, such as retail market, on the ground of 3,148.70 square meters in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant building”).

In the instant trust contract, as the first priority beneficiary, a total of nine financial institutions such as the Forest Savings Bank, etc. as a joint beneficiary, as a second priority beneficiary, a joint beneficiary who is a stock company and a third priority beneficiary, is designated as a joint beneficiary, and a franchise as a stock company.

The Plaintiff and the appointed party applied for a payment order against the non-party company seeking payment of KRW 386,67,440,000,000 for the termination of the contract. “The non-party company shall pay to the Plaintiff the amount calculated at the rate of KRW 351,815,590, the designated party 34,861,850, and 20% per annum from the day following the delivery date of the payment order to the day of full payment.” The payment order was issued by the Seoul Central District Court 2015 tea275 on July 7, 2015, and was finalized on July 23, 2015.

On August 10, 2015, based on the original copy of the above executory payment order, the Plaintiff and the designated person received an order for the seizure and assignment of the claim against the Defendant of the non-party company (hereinafter “the entire claim of this case”) under the Seoul Central District Court 2015TTT18371, and the above order for seizure and assignment of the claim became final and conclusive on February 13, 2016 after the delivery to the Defendant on August 13, 2015.

Total amount of claims: 380,000,000 Creditors

1. Plaintiffs 350,000,000

2. Under the instant trust agreement concluded between the Appointed 30,000,000 won and the Defendant, the Defendant’s entire amount of the trust proceeds to be paid to the Nonparty Company, subordinate beneficiary, and the claim amount to the above obligee’s claim amount, out of the proceeds accrued from the original, shall be based on the time when the instant trust agreement was terminated.