1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On March 25, 2011, the Plaintiff extended a loan of KRW 500 million to the Pyeongtaek Industrial Development Co., Ltd. (hereinafter “Nonindicted Company”) at KRW 9% per annum, KRW 21% per annum, and KRW 498,007,540 per annum, and KRW 50 million per annum on March 25, 2012 (the foregoing period of repayment was extended until March 25, 2013). On the same day, the Plaintiff paid KRW 498,007,540, excluding fees to the Nonparty Company.

B. On March 25, 2011, the Plaintiff, the Defendant, and the Nonparty Company entered into a security trust agreement (hereinafter “instant trust agreement”) with respect to each real estate listed in the separate sheet (hereinafter “instant trust property”) owned by Nonparty Company as to the truster, the Defendant, the trustee, the Plaintiff, the first beneficiary, and the first beneficiary’s profit limit amounting to KRW 700 million. The Nonparty Company completed each registration of ownership transfer with respect to the instant trust property by reason of the instant trust agreement.

C. On August 21, 2012, Namyang-si: (a) filed a lawsuit seeking cancellation of the instant trust agreement and restitution on September 6, 2013 with respect to a tax claim held by the non-party company as a preserved claim against the non-party company; and (b) won the case in the first instance on September 6, 2013; and (c) the said judgment was dismissed and finalized on September 26, 2014 by the Defendant’s final appeal.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The defendant bears the duty of care and loyalty with respect to the performance of trust affairs in accordance with the Trust Act, the trust contract of this case, and the defendant's business performance rules. 2) However, before entering into the trust contract of this case, the defendant is obliged to obtain a certificate of full payment of national tax from the non-party company, the truster, to obtain a certificate of full payment of national tax, to confirm whether the truster'