1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The status of the parties, etc. (1) The Defendant (hereinafter collectively referred to as the “Defendant”) is a company with the purpose of acting as an agent for the acquisition, management, disposal, etc. of property and business affairs related to trust under the Trust Act.

(2) Acheon-si Construction Co., Ltd. (hereinafter “Acheon-si Construction Co., Ltd.”) is an executor and a contractor of a project to newly construct and sell a main complex building on the land outside A and four lots (hereinafter “instant project site”) in Ansan-si.

B. On March 27, 2008, the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) entered into a business agreement and a real estate security trust agreement and a bankruptcy; (1) Acheon Construction; (3) the Defendant, and the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”); and (4) the Borrower and the Defendant as the fund manager; and (3) the Korea Mutual Savings Bank as a lending financial institution (hereinafter “instant business agreement”); and (4) the main contents of the business agreement are as follows.

Article 1 (Purpose of the Arrangement) The objective of this Arrangement is to clarify the roles, scope of duties and responsibilities of the project entities concerned in order to facilitate the implementation of the Project and to prescribe detailed matters necessary for the implementation of the Project.

Article 3 (A (Acheon-Sacheon Construction), B (Defendant), and C (Korea Mutual Savings Bank) shall faithfully perform the roles, duties, and responsibilities of the following subparagraphs:

1. Roles and duties of A;

(a) Duties and 4) Duties as an executor; (4) Duties and duties of fund raising (such as conclusion of a loan agreement, etc.) and all of the project sites to B; (6) Duties of fund management such as receipt, management, and enforcement of funds, sales (lease) revenues, etc. borrowed under the name of B related to the project in the name of B; and (10) Business sales contracts for the project.