1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 10, 2006, Scarb Industry Co., Ltd. (hereinafter “Scarb Industry”) concluded a trust-type land (hereinafter “the trust contract of this case”) with the Defendant, a real estate trust company, and the Defendant’s Intervenor, a contractor, for the purpose of selling the instant real estate as trust property and selling it in lots, on the ground of 773 large 14,545m2, Jung-gu, Jung-gu, Incheon, Jung-gu, Incheon, and 773 large 14,545m2, the ownership of which was owned, for the purpose of promoting the new construction and sale of a scarba (hereinafter “instant land”; and on the following day, on the land of this case, on August 1, 2006, the registration of ownership transfer was made for the trust-type land (hereinafter “instant trust contract”); and on August 1, 2006, the period of contract was 27 months.

B. On August 10, 2006, ScarB entered into a project financing agreement with the Allied Capital Co., Ltd. (hereinafter “Allied Capital”) which is the lender in order to raise funds necessary for the instant business (hereinafter “Allied Capital”). The above lending agreement includes the content that the Defendant’s Intervenor guarantees the above lending obligations until completing the liability, as seen below, prior to completing the liability, and the Defendant signed the said loan agreement.

C. Since then, as the Union Capital has paid a loan of KRW 69.5 billion, the Scar Capital Industry deposited KRW 40,95,695,000 out of the loan under Articles 5-2 and 5-3 of the instant loan agreement into the construction cost management account in the name of the defendant, and the remainder of the loan in the name of the defendant, respectively.

The defendant on August 2006.