1.The judgment of the first instance, including the succession participation in the trial, shall be modified as follows:

Plaintiff’s instant case.

1. Basic facts

A. On December 8, 2006, Co-Defendant A Co-Defendant A of the first instance trial (hereinafter “A”) was awarded a contract with the construction period of the construction of the construction of the main complex building (hereinafter “instant construction”) on the five lots of land, including C, D, E, F, G, etc. (hereinafter “instant land”) on the ground that B implemented by the Seoul Special Metropolitan City Co-Defendant B (hereinafter “B”) on December 8, 2006, as the construction period from December 18, 2006 to July 30, 2008.

B. On December 28, 2006, B entered into a business agreement with the Plaintiff (former trade name was “Korea Investment Securities Corporation,” and changed into the trade name as of December 31, 2014), A, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) to lend funds to B for the purpose of succeeding obligations and paying construction expenses (50%) with respect to the instant construction (hereinafter “instant business agreement”), and pursuant to the said business agreement, the trust agreement between B and Korea Asset Trust with the Plaintiff as the first beneficiary with respect to the instant land as to the instant land between B and Korea Asset Trust. The loan agreement between the Plaintiff and B was concluded with respect to the instant land as a joint surety, and the ownership transfer registration was completed on December 29, 2006 only for the reason of the trust in the future.

C. After June 2007, the Defendant entered into a subcontract with A as to steel bars and concrete works among the instant construction works. On March 8, 2008, the construction period for the instant construction works from July 25, 2007 to August 30, 2008; the construction period for the instant construction works from July 25, 2007 to August 30, 2008; the construction amount shall be KRW 4,700,250,000 (including value-added tax); the 60% of the construction price shall be paid in cash and the balance shall be settled after parcelling-out (the settlement shall be made as a substitute after the completion of the sale); the first completion payment shall be completed at the completion of the 5th floor; the second completion payment at the completion of the 11st floor; and the third completion payment at the completion of the 17th floor; and the fourth completion date at the completion of the 17th floor.