1. The plaintiff's appeal and the claim that the court changed in exchange are all dismissed.

2. The total cost of the lawsuit.

1. Basic facts

A. On October 26, 2012, the Plaintiff entered into the instant trust agreement with C (hereinafter referred to as “stock company”) a new construction of E apartment (hereinafter referred to as “instant apartment”) on D-il land (hereinafter referred to as “instant apartment”) on a three-dimensional basis between the Plaintiff and C (the name of the company omitted all the entry of the entry of the “stock company”). In relation to the instant apartment, the Plaintiff entered into a sale-type land trust agreement with C, which requires C to sell the instant apartment site in lots and pay trust proceeds to the Plaintiff, who is the beneficiary, upon completion of the instant apartment.

(hereinafter “instant trust contract”). The terms relevant to the Plaintiff’s claim under the instant trust contract are as follows.

Article 4 (Borrowing of Funds) (1) A may appropriate funds necessary for the construction of buildings and the performance of trust affairs for sale-type land trust contracts, or borrow funds at the expense of the plaintiff.

In such cases, the borrowing of funds shall include borrowing from the plaintiff or C's own account and borrowing from C's own account.

(4) The terms and conditions of the borrowing of funds under paragraph (1) shall be determined by C within the extent not favorable to the plaintiff, and shall consult with the plaintiff, if necessary.

Article 18 (Payment of Expenses for Performance of Trust Affairs) (1) The following expenses shall be borne by the plaintiff:

2. Design and supervision expenses and construction cost;

3. Obligations to repay borrowings, etc. and interest thereon;

B. On January 2013, C entered into and executed the instant contract: (a) around 2013, construction, civil engineering, and installation works among the instant apartment construction works; (b) KRW 29,326,214,680 from the date of reporting the commencement of the construction period; (c) KRW 26 months from the date of reporting the commencement of the construction period; (d) KRW 10% of the construction cost of the contract performance guarantee; and (e) KRW 0.1% of the construction cost per day per delay penalty. On June 2014, the instant contract was concluded by combining with construction, civil engineering, and installation works (hereinafter referred to as “instant construction”).

As a result, the construction cost has been increased to KRW 32,313,848,780 (hereinafter collectively referred to as “the construction cost”).