1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 28, 2011, the Plaintiff entered into a real estate security trust agreement (1) with Defendant KF real estate trust company (hereinafter “Defendant KF real estate trust”).

As regards each real estate listed in the separate sheet, the Plaintiff’s truster and beneficiary, Defendant K non-real estate trust, and the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”) shall be deemed to be a truster and beneficiary.

(1) The trust agreement with the first beneficiary (hereinafter “instant trust agreement”) shall be deemed as a security trust agreement.

(5) The first beneficiary is prohibited from transferring the status of the first beneficiary during the trust period to another person, changing the name, establishing a pledge on the right to benefit, etc. (the time of disposal of real estate held in a trust) without the trustee’s prior consent. Article 17 (the time of disposal of real estate held in a trust falls under any of the following subparagraphs, even before the expiration of the trust period may dispose of the real estate held in a trust at the request of the first beneficiary:

Provided, That where the truster additionally provides real estate deemed sufficient to secure the claims of the preferential beneficiary due to a cause or event under subparagraph 3, he/she shall not dispose of such real estate.

1. Where a person violates a credit transaction contract concluded between the priority beneficiary and the debtor, or where other creditors' preferential interest is secured;

2. When the trust contract is violated;

3. Where it is deemed impossible to secure claims of the preferential beneficiary from the trusted real estate due to a change in economic conditions, etc.

Article 18 (Disposal Method) (1) Disposal through competition in an open market.