1. The Defendant’s disposition of imposing indemnity amounting to KRW 55,244,660 against the Plaintiff on September 9, 2015 is revoked.

2. The costs of lawsuit shall be.

Details of the disposition

The Plaintiff’s construction project plan that newly constructs apartment (hereinafter “instant project”) on the ground of 12 lots including the 151-23 Gasan-dong 151-23 2,169 square meters and eight lots (hereinafter “instant site”) from Asan-si, Gasan-dong, Asan-do.

On December 11, 2007, the Construction Co., Ltd. (hereinafter referred to as the "Construction Co., Ltd.") purchased the instant site from the Domin Construction and completed the registration of ownership transfer on December 28, 2007, and thereafter obtained a modified approval for the housing construction plan from the Asan City to the project proprietor of the instant project from the Asan City City.

In around 2008, the Construction of Korea has entered into a real estate security trust agreement with Samnam Mutual Savings Bank Co., Ltd. (hereinafter “KF Savings Bank”) as the first beneficiary of the second priority in order to secure loan repayment, and completed the registration of transfer of ownership based on the said trust on June 12, 2008 with respect to the instant land.

However, as the town Construction failed to carry out the project of this case, the case trust proceeds with respect to the site of this case.

The Construction Co., Ltd. (hereinafter referred to as “Building”) bid for the public auction procedure, and completed the registration of ownership transfer on August 3, 2009, after purchasing the instant site on July 3, 2009.

On the other hand, the case trust and the real estate security trust were concluded with respect to the instant land, and the registration of ownership transfer was completed on August 3, 2009 by reason of trust in the future of the case trust.

(b).