The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. The principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, refers to an expulsion from the formal and legal evidence rules, and is not an arbitrary judgment of the judge. Thus, it shall be judged whether the fact-finding is true in accordance with logical and empirical rules, based on the ideology of social justice and equity, by legitimate evidence admissible through legitimate evidence examination procedures. Although the fact-finding is within the discretionary authority of the fact-finding court, it shall not escape from such restrictions.

(See Supreme Court Decision 2010Da79190 Decided May 26, 201). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.

1) B and C Co., Ltd. (hereinafter “B”) and “C” collectively referred to as “trustees.”

On December 19, 2001, the head of the Ulsan Metropolitan Government (hereinafter referred to as the “head of the North Korea”).

(2) The Defendant entered into a trust agreement with the trustor on January 18, 2002, and entered into a housing construction project plan with respect to the above project site, and obtained the approval from the head of the North Korean office for the change of the housing construction project plan from the trustor.

3) On October 13, 2002, the Defendant terminated the agreement between the truster and the truster, and the Defendant entered into a sale-type trust agreement with the aim of constructing and selling the four apartment complexes with a total of 1,090 households on the above land after being entrusted with the above project site, and obtained approval for the modification of the housing construction plan with the purport of changing the supply method from the public lease to the general sale in lots from the North Korean head of the North Korean head. 4) The Defendant contracted the construction of the above four new apartment complexes to the Co., Ltd., Ltd., for the new construction of the apartment complex on November 30, 204, and obtained approval for the use on March 11, 2005.

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