1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Loan and business agreement, trust agreement (trustee dedicated real estate trust) 1) Plaintiff X Co., Ltd. and X Co., Ltd. (hereinafter “X”).

) Y Co., Ltd. (hereinafter “Y”);

on March 6, 2007, N, and 252 lots (hereinafter “instant project site”) from Ulsan-gu, Ulsan-gu, and 202

3) The project for the new construction of T&T (hereinafter “instant new construction project”)

(1) in connection with a loan and business arrangement (hereinafter referred to as “the instant PF Loan Agreement”);

[] A. X entered into a new construction project of this case. X is the executor of the new construction project of this case, and Y is the contractor of the new construction project of this case. The main contents of the PE contract of this case are as follows: Evidence No. 1 (loans and Business Agreements) and evidence No. 4 (W4-1 (Examination Opinions on Issuance of Exchange Bonds of Bonds). Article 2-1 (Loan to Borrower) (1) The lender shall lend the borrower a loan to the borrower for the purpose of repayment of the existing loan and payment of initial funds, etc. of the borrower's early loan related to the new construction project of this case (the new construction project of this case) (hereinafter referred to as the "loan of this case").

(1) Article 2-2 (Registration of Security Trust with Trust Company as Trustee) (1) The Borrower shall enter into a security trust agreement with the Trust Company as the subject matter of trust, designate the lender as the first beneficiary under the security trust, and require the Trust Company to deliver to the lender the first beneficiary certificate [the first beneficiary certificate, the face value of the right to benefit (208,00,000,000)].

(5) The lender shall, at the request of the borrower, provide guarantee for sale to the extent necessary for the borrower to the extent that such guarantee is provided by the relevant statutes or the Korea Housing Guarantee Co., Ltd.