1. On December 23, 2009, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 89,247,632 and KRW 74,456,702 among them.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a trust company that is the trustee of a sale-type land trust contract, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a trust company that is the trustee of a sale-type land trust contract. The Plaintiff (hereinafter “Defendant”) is a trust company that is the trustee of a sale-type land trust contract. The Plaintiff is a trust company that newly constructs an apartment on the instant land (hereinafter “instant trust business”) with the first underground floor and the eightth floor above the ground on the instant land (hereinafter “instant land”).

B. On April 21, 2004, the Plaintiff and the Defendant entrusted the instant land to the Defendant on April 21, 2004, and constructed an apartment building of the size of the first floor and the eighth floor above the ground on the instant land, and then dispose of the said land and buildings as trust property (hereinafter “instant trust agreement”).

After that, the plaintiff and the defendant entered into a trust modification contract that extends the trust period to September 30, 2007, which was until March 30, 2007.

A) Around that time, the registration of ownership transfer for the instant land was completed in the name of the Defendant. In addition, the Plaintiff, Defendant, and Samdu City Development Co., Ltd., Ltd. (hereinafter referred to as “ Samdu City Development”).

A) The Land Trust Business Agreement concerning the instant trust business (hereinafter “instant project agreement”)

2) After the completion of the instant apartment complex of the size of the first floor and the eightth floor above the ground (hereinafter “instant apartment”) on the instant land in accordance with the instant trust agreement, and the registration of the trust and the registration of the preservation of ownership was completed in the name of the Defendant regarding the instant apartment.

3) Of the instant trust agreement and the business agreement between the Plaintiff and the Defendant, the key contents of the instant trust agreement are as follows. Article 4 of the instant trust agreement [1] The Defendant is necessary to construct buildings and perform trust affairs.