The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Review of the lower judgment and the evidence duly admitted reveals the following facts.

The Construction Co., Ltd. (hereinafter referred to as the “Fuhae Construction”) will undertake the instant project that newly constructs and sell 13 commercial buildings on the ground of the instant project site. On June 29, 2004, the Plaintiff entered into a business agreement with the Korea Mutual Savings Bank, Korea Mutual Savings Bank, Korea Mutual Savings Bank, Korea Development Bank, and Gyeonggi Mutual Savings Bank, which is a financial institution, (hereinafter referred to as “Fuhae Life Insurance”), Korea Green Savings Bank, which is a lending financial institution, and the Defendant, a trust company (hereinafter referred to as “Fuhae Mutual Savings Bank”), to receive a loan from the Defendant as collateral, to entrust the Defendant with the instant project site and the instant commercial building, and to entrust the Defendant with the management affairs, such as receipt, management, and execution of sales revenues, etc., and after the loan financial institution changed the project cost from Green Life Insurance to Green Savings Bank, Korea Mutual Savings Bank, Korea Promotion Mutual Savings Bank, Korea Promotion Mutual Savings Bank, etc., on May 3, 2005.

B. In accordance with Article 5(1) of the instant business agreement to determine that Article 5(1) of the instant business agreement shall enter into a security trust agreement and a proxy contract between the Defendant and the instant commercial building, Pyeongtaek Sejong case entered into the instant agency contract with the Defendant on May 13, 2005 to delegate the receipt, management, withdrawal, and enforcement of the sales price of the instant commercial building to the Defendant, and on August 11, 2005, the Defendant and the instant trust real estate are divided into 12 sections except 101 units out of the instant commercial building, and the first beneficiary is the Korea mutual savings bank, a mutual savings bank, etc.