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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 15, 2005, LAWC Co., Ltd. (hereinafter “LAWC”) entered into a real estate security trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) with the truster and beneficiary, the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) with respect to the 1070-1 Ansan-si and 204 (hereinafter “each real estate of this case”) in Ansan-si, Ansan-si, the 1070-1 Ansan-si, Ansan-si, the 1070-1 and 204 (hereinafter “the real estate of this case”) as the first beneficiary, the Korea Asset Trust, and the Korea Savings Bank as the first beneficiary.
(hereinafter “instant trust contract”). Of the terms and conditions of the instant trust contract, the parts related to the instant case are as follows.
Article 18 (Time to Dispose of Real Estate in Trust) (1) In any of the following cases, the real estate in trust may be disposed of at the request of the priority beneficiary, etc. even if before the expiration of the trust period:
(B)
1. Where it violates the credit transaction agreement concluded between the priority beneficiary and the debtor;
2. When the trust contract is violated;
3. Other necessities for realization, such as reduction of collateral value.
Article 19 (Disposal Method) (1) In principle, disposal of real estate on trust shall be disposed of through competition in the open market.
Provided, That at the time of a failed inspection, a private contract may be concluded under the conditions immediately before the date of next disposition is publicly announced.
B. After that, the Korea Savings Bank filed a claim for a public sale of each of the instant real estate as the Gai LAW C did not repay the above loans, and the said real estate was not sold in the public sale procedure. On November 26, 2008, the Korea Asset Trust and the Korea Asset Trust concluded a sales contract with the Korea Asset Trust to purchase 201 units of the instant real estate (hereinafter “the instant purchased real estate”) with the price of KRW 8.8 billion, and completed the registration of ownership transfer on the 28th of the same month.
b.0.0 c.