1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The status of the parties is a company aimed at supplying, selling, and constructing housing, and Defendant A (hereinafter “Defendant Company”) is a company with the purpose of planning, developing, selling, and investing in real estate.

From around 205, the Defendant Company promoted the business of constructing D apartment (hereinafter “instant apartment”) which is a multi-family housing (hereinafter “instant apartment”).

B. The progress of the instant project 1) Plaintiff, Defendant Company, and Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).

(2) On October 23, 2006, the Plaintiff concluded a contract with the Korea Land Trust, the trustee of the above contract, to set the construction period of the instant apartment from 2007 to 2009 [26 months from the date of commencement (the date of commencement)], construction price of the instant apartment from 2007 to 86,093,925,600 won (the supply price of KRW 79,930,890,890, value-added tax 6,163,035,60). The Defendant Company entered into a contract with the Korea Land Trust and the truster and beneficiary of the Defendant Company, and the Korea Land Trust as the trustee.

C. The Plaintiff, as of January 16, 2009, lent to the Defendant Company a total of KRW 261,842,191 on November 21, 2008, respectively, KRW 196,381,651, and KRW 265,460,540 on December 16, 2008. On December 1, 2008, the Plaintiff paid KRW 4,741,000,000 out of KRW 5,151,00,000, and the remainder of KRW 410,00,000,000 to the Defendant Company as national and public land purchase expenses, including the loan by the time of January 16, 209.