1. Revocation of the first instance judgment and the plaintiff's claim is dismissed.

2. Of the total costs of litigation, the Plaintiff and the Defendant accrue.

1. Facts of recognition;

A. 1) The Plaintiff is a partnership project implementer that has been implementing a housing redevelopment project around March 2006 and has obtained authorization on the implementation of the housing redevelopment project, which is an apartment unit 1,682 units on the above ground (general unit 1,075 units, unit 460 units, unit 143 units, unit 460 units, unit 143 units, unit 20 units, unit 20 units on the above ground.

hereinafter referred to as "the apartment of this case"

In order to construct a building, M.S. Co., Ltd. (hereinafter “S. M. M. M. M.D.”) on January 19, 207

) The construction area and the construction amount were determined as annual construction area 】 3.17 million won per square year (the construction amount was increased to 308,183,975,420 won on November 27, 2009).

(2) According to Article 40 of the above contract for construction works, the Plaintiff shall pay the construction cost each month at the fixed rate based on the date when the sale price, etc. is deposited to the brick construction contractor.

B. The Intervenor and the Intervenor to the Loan Convention (hereinafter “Supplementary Intervenor”) concluded a loan agreement with the Plaintiff to grant loans to the Plaintiff within the respective limits of KRW 60 billion around February 23, 2007, and KRW 30 billion on December 10, 2007, under the joint and several guarantee of brick construction (hereinafter “the Loan Agreement”), and the contents pertaining to the instant case are as follows.

Article 6 (Fund Management Accounts and Management) (1) The Plaintiff and Domsan Construction shall establish the following fund management accounts for the management of the project funds and for the receipt of the sale proceeds from the partnership or the general public by not later than the date before the sale is made and manage such accounts in such a manner that it does not interfere with the completion of the project and the repayment of the principal and interest

1. Operational accounts;

2. An assistant intervenor shall separately establish and manage the operating account and the accounts for receipt of sale proceeds in accordance with the terms and conditions of financial approval, the loan agreement, etc.

(3)