2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

A. The Plaintiff, the designated parties, and the Defendant are the buyers of G hotel constructed in the G hotel F of the Gangwon-gun, and seven parcels of land (hereinafter “instant hotel”). When the normal sale procedure for the instant hotel was not followed and the public sale procedure was conducted, the buyers of the instant hotel did not participate in the above public sale procedure and the Plaintiff established the instant council, a stock company, around August 6, 2009, which was the representative director of the said company. The Defendant was appointed as the representative director of the said company.

B. In order to purchase the hotel of this case from HD Construction at KRW 5.6 billion, the council of this case entered into a contract for the participation in the public auction of the hotel of this case (hereinafter “the contract of this case”) with the number of buyers who are members of the council to receive the sales balance of the hotel of this case and the participation in the public auction in the name of registration expenses as investment in order to raise an amount equivalent to KRW 560 million out of the above sales funds. The council of this case participated in the contract of this case and the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”).

C. According to the instant contract, the Plaintiff paid KRW 29.25 million on January 31, 2010; KRW 40 million on December 30, 2009; KRW 10 million on January 21, 2010 to the instant Council as the participation amount in public auction (hereinafter “instant investment amount”); and the major contents of the instant contract are as follows.

Article 3 [Termination of Contract] (1) If the public auction contract of the hotel of this case was not made for force majeure, this contract will be null and void, and the council of this case shall immediately refund the principal and interest to the contractor and terminate the contract.

(2) The instant agreement shall terminate automatically upon the payment of all principal and earnings agreed upon to by the instant agreement to the contractors, while deeming that the purpose of this agreement has been achieved at the same time.

Article 6 (Effective Time) The validity of this Agreement shall be signed and sealed by the Council and the contractor and shall be the full amount of the participation fee for public auction.