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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The following facts in the summary of the case are found to be either in dispute between the parties or in each entry in Gap evidence Nos. 2, 5 through 12, 14, and 16 (including, if any, the number is included; hereinafter the same shall apply):
A. H&T Construction Co., Ltd. (hereinafter “S&T”) concluded a real estate trust agreement (hereinafter “instant trust agreement”) with an E&A Construction Co., Ltd. (hereinafter “S&T Construction”) on a new mutual savings bank (hereinafter “new mutual savings bank”). On August 28, 2009, in order to secure the above joint and several liability, the debtor with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as indicated in the separate sheet (hereinafter “instant real estate”), E&T construction, priority beneficiary, and beneficiary as indicated in the separate sheet (hereinafter “instant trust agreement”), and the real estate trust agreement (hereinafter “instant trust agreement”) with an E&T construction, priority beneficiary as indicated in the separate sheet (hereinafter “S&T”), and registered the ownership transfer on September 1, 2009 with respect to the new real estate trust as one of the beneficiaries, which was first registered on September 3, 2003, Hyundai Real Estate Trust Co., Ltd., Ltd., Ltd. as one of the beneficiaries of the instant trust agreement.
B. The Defendant asserted that the instant trust agreement was a fraudulent act against the trust of real estate, and filed an application for provisional seizure of each of the instant real estate with the Seoul Central District Court 2010Kadan3768 by stating that “The claim for compensation for the value of KRW 22,107,490,087 due to the cancellation of the fraudulent trust was a preserved right.” On July 6, 2010, the said court completed the provisional seizure registration for each of the instant real estate on the same day as the said court rendered a provisional seizure order (hereinafter “instant provisional seizure order”).
2.3.