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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 13, 2008, Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) concluded a real estate security trust agreement with a truster, trust principal, and trust proceeds, the debtor, the trustee, the trustee, and the first priority beneficiary of the trust principal as Solomon Savings Bank, with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”) with an Asian Asset Trust Co., Ltd. (hereinafter “Asia Asset Trust”) in order to grant a loan to the Central Design Co., Ltd. (hereinafter “Central Design”), and to secure the above loan claims.
(hereinafter “instant trust contract”). Of the terms and conditions of the instant trust contract, the parts related to the instant case are as follows.
Article 18 (Time for Disposal of Real Estate in Trust) (1) In the case falling under any of the following subparagraphs, the real estate in trust may be disposed of at the request of the priority beneficiary, even if before the expiration of the trust period:
(B)
1. If the agreement entered into between the priority beneficiary and the debtor is violated;
2. When the trust contract is violated;
3. Other necessities for realization, such as reduction of collateral value.
Article 19 (Disposal Method) (1) In principle, disposal of real estate on trust shall be disposed of through competition on the open land.
Provided, That in the case of a failed inspection, several conditions may be attached to the disposal immediately before the date of next disposal.
B. After that, the Solomon Mutual Savings Bank filed a claim for a public auction of the instant real estate as the debtor’s central design failed to repay the above loans, and concluded a contract to purchase and sell the instant real estate from the Asian asset trust for the purpose of purchase of KRW 5,714,00,000 on January 31, 201, and completed the registration of ownership transfer on the same day.
(hereinafter “acquisition of ownership of this case”). C.
Asian Asset Trust is the case on January 31, 201.