1. Of the judgment of the first instance court, the part against the plaintiffs who ordered implementation under paragraph 2 below shall be revoked.

2. The defendant is a non-party.

1. Basic facts

A. 1) Acting as an agent between Company F, Defendant, and New Real Estate Co., Ltd. 1) F (hereinafter “F”)

(C) Around 2002, the company’s land on the H and 24 parcels of land in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant site”).

2) After acquiring the ownership in the instant commercial building, G shopping districts (hereinafter “instant commercial building”) on the ground after acquiring the ownership in a lump sum.

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

2) The F has entered into a business agreement between the Defendant and the New Real Estate on February 21, 2002 and the third party on February 21, 2002 and the same year.

3. On 28. 28. Around 28.20, an agency contract was concluded between three parties to clarify the terms of the above agency agreement (hereinafter “instant agency contract”).

3) The gist of the above business agreement and the agency contract of this case is that F acquires the ownership of the site of this case and concludes a contract to trust the Defendant with the Defendant as the first beneficiary, and completes the registration of trust accordingly. The new construction of the commercial building of this case as the contractor by the Defendant is the management trust company and the management trust company of the commercial building of this case and the payment for the sale in lots and the payment for the sale in lots remains due to the remainder of the F’s principal and interest of the loan and the payment for the construction work until the completion or approval for use is obtained, the principal and interest of the commercial building of this case shall be entrusted with the disposal trust to the extent that the outstanding claim against the unsold goods remains. 4) The other important contents of the agency contract of this case are as follows.

Article 6 (Trust Registration) ① At the same time as the registration of ownership transfer of the site of this case pursuant to Article 5(1) and (3), F shall set up a collateral under Article 5(3). At the same time, F shall be a truster, a person who is a trustee, the defendant shall be a first beneficiary, and a disposal trust and registration shall be made, and a senior claim (such as the establishment of a limited real right) shall be immediately made.