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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. On February 15, 2006, D Co., Ltd. (hereinafter referred to as the "D", and the entry of the corporation in the name of the company is omitted) newly constructed and sold a department store of the 7th and the 12th floor above ground (hereinafter referred to as the "department store of this case") on the 7th floor below the Seoul Special Metropolitan City E and 15 lots (hereinafter referred to as the "project site of this case"). On February 21, 2006, D Co., Ltd. (hereinafter referred to as the "D") entered into a security trust contract for the project site of this case with F (hereinafter referred to as the "security trust contract of this case") and completed the registration of ownership transfer as a reason of trust with F on February 22, 2006.
B. G organization (hereinafter “H”) was changed to H Co., Ltd.; hereinafter “H”) on September 10, 2007, loaned KRW 80 billion in relation to the instant project to D as project financing (hereinafter “instant loan”), and was designated as the first priority beneficiary of the instant security trust agreement.
C. On March 18, 2011, the trustee of the instant security trust contract changed to I and completed the registration of transfer of ownership in the name of I based on the quality of the trustee with respect to the instant project site on the same day. On March 5, 2013, the trustee changed to Defendant B and the trustee changed to Defendant B, and the registration of transfer of ownership in the name of Defendant B, which caused the replacement of the trustee with respect to the instant project site.
H on March 11, 2015, “H transferred the instant loan claim against H and all the rights arising out of, or related to, the instant loan loans that H had against D, and accordingly, the first priority beneficiary of the instant security trust agreement was changed from H to J.
E. Meanwhile, K established the fourth priority pledge (the maximum amount of priority interest, KRW 104 billion, and KRW 74.1 billion) for the first priority interest of J. The Plaintiff acquired the said fourth priority pledge from K on April 6, 2018, and obtained the Defendant B’s consent.
F. Defendant B.