1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. (i) B Co., Ltd. (hereinafter “B”) concluded a construction contract between February 2, 2003 and May 2003 to purchase land in Gwangju City by borrowing approximately KRW 185 billion from financial institutions in order to carry out a new apartment construction project in Gwangju City (hereinafter “instant project”). On February 26, 2003, between the Plaintiff and the Plaintiff, the Plaintiff entered into a construction contract between the Plaintiff and the Plaintiff that the Plaintiff should construct the apartment on the ground and pay the construction price to the Plaintiff.

She also held that on June 29, 2005, in order to secure the performance of obligations against the quasi-financial institutions by lending business funds, such as land purchase funds, B entered into a real estate security trust agreement with the K non-real estate trust company (hereinafter referred to as "K non-real estate trust"). B entered into a real estate trust agreement with the K non-real estate trust with the business site of this case and the K non-real estate trust with the aim of preserving and managing the business site of this case, but B entered into a real estate security trust agreement with the main contents of realizing and settling the business site of this case for the above financial institutions designated as the priority beneficiary in the event B fails to perform its obligations against the above financial institutions.

B. On April 18, 2003, the acquisition and trust B of C Forest land 14,677 square meters in Gwangju City, one of the instant project sites, acquired ownership of C Forest land 14,677 square meters in Gwangju City (hereinafter “instant land”). On June 30, 2005, pursuant to the security trust agreement with K non-real estate trust as described in B, the instant land was transferred to K non-real estate trust on June 30, 2005 pursuant to the security trust agreement with K non-real estate trust as described in B.

C. (i) The real estate management trust agreement between B and Korea Asset Trust Co., Ltd. is delayed and the progress of the instant project is delayed.