1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. On the ground of Dongjak-gu Seoul Metropolitan Government and seven lots (hereinafter “instant land”), the Plaintiff borrowed money from financial institutions while carrying out a new project to build a four underground floors, four-storys, and a golf driving range (hereinafter “instant building”). On July 7, 2004, the Plaintiff purchased the instant land and completed the registration of ownership transfer. On July 7, 2004, the Plaintiff concluded a real estate security trust contract with the Defendant for the instant land, and completed the registration of ownership transfer with the Defendant on the same day.

B. After commencing the construction of the instant building on the instant land and completing the registration of initial ownership on October 10, 207, the Plaintiff entered into a real estate security trust agreement with the Defendant on October 10, 2007 with respect to the instant building (hereinafter “instant trust agreement”) and completed the registration of ownership transfer for reasons of trust to the Defendant on the same day. (C) On October 15, 2007, the Plaintiff made a construction report on the structure of the steel structure and the Aluminum aluminium Complex Structure at the Dongjak-gu Office. On October 19, 2007, the Plaintiff obtained a report completion certificate on the construction of the instant building from the head of Dongjak-gu Office on October 19, 2007, and received a report completion certificate on the construction of the instant building, and the construction report of the instant building includes the building’s height of 12m, length and soundproof walls (hereinafter “the instant trust agreement”) as indicated in the drawings around the outer wall of the instant building.

E. Meanwhile, as the plaintiff lost the benefit of the above loan, the defendant is "the land and building of this case" and "real estate of this case".

The public auction procedure was initiated, and at the time of the process of the public auction.