1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 13, 2005, the Plaintiff related to the parties entered into a sales contract with Lone Star Co., Ltd. (hereinafter “Lone Star”) on real estate indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of transfer of ownership based on the trust on the same day. The Defendant entered into a sales contract with Lone Star Co., Ltd. on April 22, 2005 on real estate and completed the registration of transfer of ownership based on the trust agreement.

B. On April 22, 2005, Lone Star Co., Ltd.: (a) purchased the shopping mall in this case from Hyundai department stores, and finished the registration of ownership transfer as of the same day with the Defendant’s registry office of Ulsan District Court (2994), concluded the instant trust agreement with the Defendant on the same day, and completed the registration of ownership transfer based on the said trust agreement as of the same day with the Defendant under Article 29695 of the same registry office; (b) The key contents of the instant trust agreement are as follows. The purpose of this trust is to preserve and manage the trust real estate in order to guarantee the truster’s management of ownership and performance of obligations or responsibilities to be borne by the truster, and to liquidate and settle the trust real estate in the event of default. (c) The trust period is as set forth in Article 2 (Trust Period) ① The trust period may be extended after consultation with the truster and the trustee before the completion of the trust. Article 5 (Trust’s Profits) is deemed to have accrued from the trust property and other charges equivalent thereto.