1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 10, 2008, C Co., Ltd. (hereinafter “C”) entered into a real estate security trust agreement with the truster C and the trustee as the defendant with respect to 25 real estate including the instant real estate between the Defendant and the Defendant, and completed the registration of transfer of ownership in the Defendant’s name on October 13, 2008.

B. On October 18, 2011, the instant real estate was subject to a decision to commence a voluntary auction on the instant real estate B at this court. On January 17, 2013, the Korea Emotional Society established a distribution schedule with a view to distributing KRW 10,756,86,523, which remains after distributing dividends to the lessee, mortgagee, mortgagee, seizure right holder, and delivery right holder, among the proceeds of sale on April 12, 2013 (hereinafter “instant distribution schedule”).

[Reasons for Recognition] Uncontentious Facts, Gap 2 Evidence, Eul 1 and 2 Evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 25, 2010, the Plaintiff asserted that the Plaintiff entered into a lease agreement with C on the instant real estate with the Defendant and paid KRW 100 million out of the deposit amount. As such, the Defendant is obligated to pay KRW 100 million as a trustee of C.

Therefore, the instant distribution schedule ought to be revised to distribute to the Plaintiff KRW 100 million.

B. (1) The trust under the Trust Act is to have the trustee manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it. Thus, if the registration of ownership transfer is completed in the future of the trustee in the real estate trust, the ownership is entirely transferred to the trustee, and the ownership is not reserved against the truster in the internal relationship with the truster.

As seen earlier, the Defendant concluded a trust contract with C on October 10, 2008 with respect to the instant real estate.