The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s assertion that the instant business agreement is null and void since the instant business agreement between the Plaintiff and the Defendant, the loan agreement between the Defendant and the financial institutions, and the trust agreement between the Defendant, jointly concluded in order to achieve the common purpose of the instant business. As such, the instant business agreement shall be deemed a contract under the condition of suspension that the said loan agreement and the trust agreement take effect on the condition that the said loan agreement take effect. The said loan agreement became null and void due to the lack of prior conditions for the loan, and the said trust agreement was confirmed to be null and void due to the lapse of the registration of the trust on the instant real estate, which is a trusted real estate, and the said trust agreement became null and void due to the lack of the registration of the

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the legal nature and interpretation of the instant agreement, as otherwise alleged in the grounds of appeal.

2. As to the ground of appeal No. 2, Article 5(3) of the Business Agreement provides that “If this contract is terminated or terminated due to any cause attributable to the other party, the party who violated the contract shall pay 500 million won to the other party in addition to the compensation for damages.”

The lower court, in accordance with the instant business agreement, secured the ownership of the entire real estate of this case for the implementation of the instant business, and performed the cancellation, removal, etc. of the legal and physical matters, and specifically, secured the loan by fulfilling all the prior terms and conditions set out in the loan agreement with financial institutions, thereby cancelling the right to collateral security above the instant real estate.