1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. With respect to the business of newly constructing and selling approximately approximately 9,621 square meters of the site in Seocho-gu Seoul and about 27 lots of land ( approximately 2,910 square meters) in Seocho-gu, Seoul, and about 166 households of the main complex building (hereinafter “instant business”), the lender including the executor and the borrower, the Samddin Construction Co., Ltd. (hereinafter “Tdddin Construction”), the Defendant, the contractor and the Han Bank Co., Ltd. (hereinafter “I Bank”), and the Han Bank Co., Ltd. (hereinafter “I Bank”), have entered into a business agreement on May 15, 2006 with the content that the Samdin Construction borrowed KRW 165 billion of the business fund from the lender and the Bank will carry out the fund management business. The main contents are as follows.

A borrower who has secured a loan obligation to repay the principal and interest of loans under Article 10 shall enter into or have a contract falling under any of the following subparagraphs to secure a loan obligation:

1. The borrower of a security trust contract for the present project site shall conclude a security trust contract for the present project site with the lender who is a preferential right holder, and the lender shall submit to the lender the certificate of right to benefit with the first priority holder (the amount equivalent to 130% of the loan principal).

However, for additional registration at the time of issuance of the sale guarantee certificate of the Korea Housing Guarantee Corporation, the said security trust shall be cancelled.

2. Where the principal and interest of a loan has not been repaid until the date of approval for use due to the poor sale of the principal project, and there exists any unpaid construction cost, the borrower shall, pursuant to Article 15, paragraph 5 of this Agreement, establish a collateral trust or disposal trust for the unsold buildings and the entire site of the main building.

In such cases, the first right to benefit up to the limit of the unpaid construction amount among the amounts up to 85% of the construction cost A shall be limited to the contractor, and the second right to benefit up to 130% of the outstanding principal and interest shall be reserved to the lender, and the construction cost shall be reserved.