1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 9, 2013, the Plaintiff filed an application with the Gwangju District Court 2013 tea836 against the Plaintiff’s lender construction for payment of part of penalty, and on September 10, 2013, the Plaintiff received a payment order (hereinafter “instant payment order”) stating that “The Daeju Construction shall pay to the Plaintiff an amount calculated by adding an amount equivalent to 20% per annum from the day following the delivery of the authentic copy of the payment order with respect to KRW 60 million to the day of full payment and the day of full payment of KRW 679,50,00 per annum from the day of service of the authentic copy of the payment order with respect thereto,” and the said payment order was finalized on October 22, 2013.

B. The relationship between the lender construction and the defendant 1) both the joint stock company (hereinafter referred to as the "joint stock company")

A) Around October 2003, while promoting a project for the construction of collective housing in Seo-gu A, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 2003, entered into a contract for construction works with a lender with the total construction cost of KRW 18,425,425,000. The lender construction is the apartment of KRW B 159 pursuant to the said contract (hereinafter “instant apartment”).

(2) Although the sale of the apartment in this case was completed, it was impossible to pay the price for the construction to the lender at the time of the payment for each payment for the completed portion due to the occurrence of a large number of unsold housing units due to the real estate market erosion.

On November 18, 2005, in order to secure the obligation, etc. for the construction of a lender, the two parties entered into a fire and marine insurance company (hereinafter “the instant trust contract”) with the Defendant (a multilateral real estate trust company) on the attached list, which is an unsold household in the instant apartment unit (hereinafter “instant real estate”), on the first priority beneficiary, the truster and beneficiary, and the trustee of the Defendant (hereinafter “the instant trust contract”).

[Reasons for Recognition]