1. Of the judgment of the court of first instance, the receiver C of the rehabilitation company B, which is the taking over of the lawsuit of the defendant B.

1. Basic facts

A. The Plaintiff is a party-based apartment complex of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment complex”).

(2) Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) is the seller of the instant apartment, and the B Co., Ltd. (hereinafter “B”) is the contractor of the instant apartment, and the Defendant A&S Co., Ltd. (hereinafter “Defendant A&S”) entered into a management-type land trust agreement with the Defendant Asian Trust as of December 18, 2009 and entrusted the matters concerning the sale, etc. of the instant apartment with the Defendant Asian Trust.

3) Defendant Nonghyup Bank Co., Ltd. (hereinafter “Defendant Nonghyup Bank”).

(3) Defendant Newan Savings Bank (hereinafter “Defendant Newan Savings Bank”)

A) The Plaintiff’s financial institution that concluded an intermediate payment loan agreement with the Plaintiff (hereinafter “Defendant Nonghyup Bank and Newan Bank”) can only be called “Defendant Bank” in total.

B) On December 27, 2010, the Plaintiff entered into a sales contract with Defendant Asian Trust to purchase the instant apartment at KRW 1,490,500,00, and the down payment at KRW 74,525,000 (hereinafter “instant sales contract”) and paid KRW 74,525,00 for the down payment.

2) The main contents of the instant sales contract are as follows. (The instant sales contract may be modified according to the process, and if modified, then the contract may be rescinded) Article 2 (Cancellation)(1)(The Defendant Asian Trust may cancel this contract where the buyer has committed an act falling under any of the following subparagraphs:

(1) Where the second down payment is not paid by the designated date, this contract shall be rescinded, and the first down payment shall be penalty.