The Plaintiff is a trust company that runs a construction business for performing land trust in accordance with the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). The Defendant (former C Stock Company) is a company that runs a financial investment business, such as an investment trading business, prescribed by the Capital Markets Act.

On July 11, 2001, the Plaintiff and Nonparty D entered into a trust agreement (hereinafter “instant trust agreement and the instant trust agreement”) with the purport that the Plaintiff entrusted the Plaintiff with the size of 2,024 square meters owned by D and sold, amusement, and newly built and sold buildings for the purpose of neighborhood living facilities on the ground (hereinafter “instant trust agreement”) and agreed on the beneficial rights arising from the instant trust agreement (hereinafter “instant beneficial rights”) and the loan and management expenses, etc. incurred from the instant trust agreement (hereinafter “instant trust expenses”).

In accordance with the Land Trust Business Agreement concluded on July 3, 2001, the truster D (hereinafter referred to as "A") of the land trust agreement for sale-type and the trustee administrator A representative director F (hereinafter referred to as "B") shall conclude a trust agreement as follows in accordance with the land trust business agreement concluded on July 3, 2001:

Article 1 (Trust Purpose) (1) A shall trust the land listed in attached Form 1 (hereinafter referred to as "land") to B, and B shall acquire it.

2. The purpose of this trust is to construct the buildings listed in the attached Form (2) (hereinafter referred to as the “building”) on the land and to sell the land and buildings (hereinafter referred to as the “trust real estate”) by collectively referring the land and buildings as trust property.

Article 4 (Borrowing of Funds) (1) A may appropriate funds necessary for the construction of buildings and the performance of trust affairs for trust property, or borrow funds at the expense of A and beneficiaries.

In such cases, the borrowing of a loan shall include borrowing from the original account in the name of A or B and borrowing from the account of B.

(2) B shall be secured for the loan under paragraph (1).