1.The judgment of the first instance shall be modified as follows:

The plaintiff, the defendant A and B are the defendants corporation.

1. Basic facts

A. Article 2 (Trust Purpose) of the Trust Contract between the Plaintiff and the Defendant Company, the purpose of this trust is to manage, sell and dispose of trust real estate in case where Party A (referring to the Defendant Company; hereinafter the same shall apply) constructed housing, etc. on land in accordance with the construction permit agreement and carried out sales contracts to several buyers, or Party B (referring to the Plaintiff; hereinafter the same shall apply) who provided a sales guarantee pursuant to Article 106 (1) 1 (a) of the Enforcement Decree of the Housing Act, if Party A is unable to carry out sales contracts.

Article 17 (Payment of Expenses) (1) Any of the following expenses shall be paid by A, and where B, which has guaranteed sale as it is impossible for A to perform the sale contract, performs the sale guarantee, B shall be paid:

1. Taxes and public charges for trust property (value-added tax related to a project implementation, acquisition tax, registration tax, public charges, etc. following the registration for preservation of buildings), and registration expenses;

2. Expenses for design supervision, and construction cost;

3. Fees for defect liability guarantee;

4. Repayment of loans, rental deposit, etc. and interest thereon;

5. Repair, preservation, and improvement expenses of real estate in trust, and fire insurance premiums;

6. Expenses incurred in handling affairs of sale in lots or dispositions.

7. Other contents corresponding to the subparagraphs of the preceding subparagraph. (2) Refund in case where Party A performs refund because it is impossible for Party B to do so, expenses incurred in performing refund, etc. shall be considered as expenses incurred in performing trust affairs.

(3) Where Eul pays the expenses under paragraphs (1) and (2), it shall be paid as the principal of a trust or as the profits thereof, and where it is impossible to pay them by subrogation at the expense of Eul.

(4) In cases falling under paragraph (3), Eul may be paid after claim and receipt from Gap, and where necessary, it may be allowed to deposit a reasonable amount in advance to Gap.

(5) Eul shall also be deemed the expense for any loss incurred without negligence in the course of performing trust affairs and shall be treated as the expense under paragraph (3).

(6) Where payment of the various expenses under the preceding paragraph has been made by subrogation, payment by subrogation shall be made.