1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

1. Determination on the cause of the claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings, as follows: Gap evidence Nos. 1, 2, 3, 5, 6, 8, 9, Eul evidence Nos. 1, 2, 3, 5, and 8; Eul evidence Nos. 1, 2, 3, 5, and 8; and Eul witness G and H’s testimony.

(1) On March 21, 2006, the CodefendantM Co., Ltd. (hereinafter “SCOM”) concluded a business agreement and an agency contract (hereinafter “instant business agreement and agency contract”) with the Defendant, a trust administrator, and D companies, a loan financial institution, to be newly constructed on the ground B, C, and D (hereinafter “instant commercial building”).

The main contents are as follows:

Section 1 (Purpose) The purpose of this Agreement is to clarify the scope of and responsibilities for the contracting parties to the Project under the Act on the Sale of Buildings and to efficiently manage trust property and proceeds from sale in accordance with the provisions of the Act on the Sale of Buildings, thereby protecting buyers and carrying out this Project smoothly.

Article 3 (Business Performance and Work Performance) (1) Switzerland shall perform the following duties as the implementer of the project:

6. Delegation the receipt, management and execution of the project funds, proceeds from sale, etc. to the defendant and support for the affairs related thereto;

8. The obligation to sell, manage and trust the entire project site to the defendant; 13. Liability for sale in lots, such as the conclusion of the sale contract, the advertisement for sale in lots, and the advertisement business; 21. Liability for sale in lots to the defendant; 3 The defendant is responsible for transferring all claims for sale in lots related to the project to the defendant.

1. Conclusion of a contract for sale, management and trust for the entire project site;

2. A building which has been registered for preservation after its construction.