1. Of the judgment of the court of first instance, the part against the Defendants and the Defendant-Counterclaim Plaintiff shall be revoked.

2. The plaintiff (Counterclaim defendant).

1. Presumed factual basis

A. Trust Contract 1) The Plaintiff is Namyang-si, Namyang-si, BD apartment (hereinafter “instant apartment”).

(1) The Hyundai Industrial Development Co., Ltd. (hereinafter referred to as “Modern Industrial Development”) is an executor who has promoted the new construction and sale.

(2) On July 13, 2009, the Plaintiff entered into a management-type land trust agreement (hereinafter “instant trust agreement”) between the truster and beneficiary, the trustee of Korean assets trust, and the first beneficiary for the development of modern industry, between the Plaintiff and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

Article 1(2) of the instant trust agreement provides, “The trustee bears the rights and obligations of the owner within the scope of trust property, and does not assume the obligation of financing, and the responsibility of financing is borne by the truster or the person designated by separate agreement.”

B. The Plaintiff and Hyundai Industrial Development (hereinafter “Slun Capital”) on October 7, 2009 (hereinafter “Slun Capital”) are the lot Capital Co., Ltd. (hereinafter “Slun Capital”).

B) In preparing a loan agreement for the loan of the down payment to the prospective occupants of the instant apartment complex (No. 2-1 of the evidence A), the Plaintiff and Hyundai Industrial Development jointly and severally guaranteed the loan obligation that the prospective occupants bear against the lot capital (Article 3(3)2 of the above loan agreement). The Plaintiff and Hyundai Industrial Development agreed that, among the Korea Exchange Bank, the prospective occupants jointly and severally liable for the loan obligation to the Korea Exchange Bank in the event of a certain reason, the Plaintiff and Hyundai Industrial Development agreed to prepare a business agreement for the loan of the intermediate payment to the prospective occupants of the instant apartment complex (No. 2-2 of the evidence A).

(Article 9). (C)

The Defendants, in the sales contract with the Defendants, fall under the “Dong” and “Noh” column among the instant apartment buildings, based on the supplier of Korean asset trust between October 7, 2009 and October 27, 2009 and the contractor for the development of modern industry.