1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The parties’ related Plaintiff is a company that received contracts for the construction of internal wooden works, roof works, and external brokerage works among the construction works of condominiums on the ground (title is changed to “B”, “C”, “D”, and “E”; hereinafter “the instant divided building”) on the land surface (title is changed to “B”, “C”, “D”, and “E”; hereinafter, “the instant divided building”), which was implemented by the YD C, etc. on September 27, 2006 (hereinafter “the instant construction”).

The defendant is a trust company established under the Trust Business Act for the purpose of trust of land and its fixtures, and is a company which has entered into a contract on behalf of proxy and a contract on disposal of real estate in relation to the instant land, etc.

B. 1) On February 28, 2005, the Defendant entered into a contract for the construction of the instant sectional building (hereinafter “instant project”).

2) As indicated below, the instant first agency contract is concluded between 00 YDC and YD Construction Co., Ltd., a contractor (hereinafter “instant first agency contract”).

Article 4 (Delegation Matters, Roles and Duties) of the First Agency Contract.

1. White D&C shall delegate to the defendant the following duties:

1) The Defendant requests for the establishment of a trust account for the management of the sales proceeds, etc. of the instant project and the receipt, management, and operation of the trust account for the management of the sales proceeds, etc. (ii) the receipt of all funds including sales proceeds, and the execution of construction costs, other project costs, etc. (within the scope of all revenues such as sales proceeds, etc.)

2. In order to achieve the objectives of the instant project, the Defendant shall share their roles and duties as follows and mutually cooperate, as follows:

3) The defendant (the role and work of the delegated agent) (1) The current status management and inspection of the sales contract affixed to the trust account and the sales contract.