1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Mine Name Industry Development Co., Ltd. concluded a sale-type land trust agreement with the purport of constructing and selling a housing site of 1316-31 Seocho-dong, Seocho-gu, Seoul, under trust with the Korea Real Estate Trust Co., Ltd. (hereinafter “Korea Real Estate Trust”), the five underground floors above the above land and the 22th floor above the ground.

B. Samsung Heavy Industries Co., Ltd. was awarded a contract for the construction of the said building from the Korean Real Estate Trust, and completed the construction of the said building, around July 2001, comprised of 125 apartment units and 7 commercial buildings (hereinafter “instant building”) and obtained approval from the competent authorities.

C. Of the instant building, registration of ownership preservation was completed in the name of the Korean real estate trust on September 7, 2001 in the name of the instant building, Nos. 101, 201, 201, 301, 301, 401, 501, and 603, 606, which are apartment units, among the instant buildings.

The Korean Real Estate Trust was declared bankrupt by the Suwon District Court on June 2, 2003, and the Defendant was appointed as the bankruptcy trustee of the Korean Real Estate Trust on May 19, 2006.

E. Meanwhile, around October 20, 2003, the Plaintiff held an inaugural general meeting consisting of some of sectional owners of the instant building and established for the purpose of managing the instant building.

(84 members of the Plaintiff at the above inaugural general meeting shall be deemed to have been the Plaintiff at the time of the above general meeting, but any change in the number of members of the Plaintiff thereafter is unclear: Provided, That there is no dispute between the bankrupt and Korean real estate trust, the bankruptcy trustee, or new trustee, etc. concerning the above trust property under the Bankruptcy Act of Korean real estate trust).

2. First, determination as to the legitimacy of the instant lawsuit is made.