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 August 17, 200, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

On February 2, 2010, the Plaintiff entered into a real estate security trust agreement on the instant building (hereinafter “instant trust agreement”) with Defendant New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”), and completed the registration of ownership transfer on February 3, 2010 on the instant building based on the said trust agreement.

The main contents of the instant trust agreement are as follows.

Article 1 (Purpose of Trust) of the main contents of the instant trust agreement is to preserve the ownership and security value of real estate held in trust and to liquidate the Plaintiff’s default of obligation through Defendant New Real Estate Trust in order to guarantee the Plaintiff’s fulfillment of obligations and responsibilities.

Article 7 (Right to Benefit of Preferential Beneficiaries) (1) The scope of profit of the right to benefit held by the preferential beneficiary shall be the principal, interest, delay damages, etc. of the preferential beneficiary who has changed due to credit transactions between the preferential beneficiary and the plaintiff, and due to changes in

Provided, That the maximum amount of issuance of certificates of beneficial rights shall be the attached 1-4.

(5) No priority beneficiary shall transfer the status of the priority beneficiary during the trust period to any third party, change the name, or make any other disposition, such as the establishment of a pledge, against the right to benefit, without the prior consent of the defendant's living real estate trust.

Article 18 (Time to Dispose of Real Estate in Trust) (1) In the case of a trust falling under any of the following subparagraphs, even if before the expiration of the trust period, the trust real estate may be disposed of at the request of the first beneficiary:

1. In principle, credit transactions entered into between the priority beneficiary and the plaintiff and the time of non-performance of a guaranteed liability agreement;

Provided, That the next public auction notice shall be given at the time of a failed inspection.