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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 18, 2010, the Defendant concluded a real estate security trust contract (hereinafter “instant trust contract”) with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) between Sungjin-si Co., Ltd. (hereinafter “ Sungjin-jin”), and completed the registration of ownership transfer under the name of the Defendant on October 18, 2010 with respect to the instant real estate as the first beneficiary, as the first beneficiary of the first priority, the Korea Food Savings Bank (the maximum amount of preferential profit: 2,730,000,000 won), the second beneficiary of the second priority, and the debtor and beneficiary of the second priority beneficiary (the maximum amount of preferential profit: 375,00,000 won).
B. In order to guarantee the payment of a loan to a financial institution, which is a priority beneficiary, the Sungjin entrusted the instant real estate owned by the Defendant and granted a preferential right to benefit to a financial institution, and if a cause for bad faith in default stipulated in the trust contract occurs, such as failure to repay the loan within the agreed time limit, etc., upon the request of the priority beneficiary, the trust contract of this case was concluded in order to dispose of the trust real estate at the request of the priority beneficiary, and to repay the claim of the priority beneficiary with the disposal proceeds, the third priority beneficiary B (the maximum amount of preferential benefit:250,000,000) was additionally
C. The main contents of the instant trust agreement are as follows.
Article 2 (Trust Period) (1) The period of trust shall be as shown in attached Form 2-1, and the period may be extended in consultation with the truster and the trustee before the termination of the trust.
Article 4 ( Originals of Trust) The originals of Trust shall be the trust real estate or the property acquired by subrogation thereof, the lease deposit acquired and kept by the trustee as the lessor, the proceeds from the disposal of the trust real estate, and the penalty or other equivalent amount arising in relation to the disposal procedure.
The proceeds of the trust under Article 5 shall be the proceeds.