1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The court of first instance accepted the Plaintiff’s claim for the delivery of real estate and the Plaintiff’s claim for the implementation of the application procedure for modification of the business plan, and dismissed the remainder of the claim.

As the defendant appealed, the scope of the court's trial is limited to the claim for the delivery of real estate.

2. Basic facts

A. The Plaintiff is a reconstruction association established to remove existing houses within the Gyeyang-gu Incheon Metropolitan City and D-si Complex and to newly construct apartment and commercial buildings with the size of 2 underground floors and 15 floors above ground.

B. In around 202, the Plaintiff entered into a contract for the implementation of the Ambu Industry Development Co., Ltd. (hereinafter referred to as the “Ambu Industry Development”) with the Ambuin Project, but the Ambuin Industry Development ceased to perform the construction due to the nonperformance, and terminated the contract, and on March 21, 2006, entered into an implementation execution contract with the Defendant for the redevelopment project (hereinafter referred to as the “instant contract”).

C. The main contents of the instant contract are as follows.

[Article 1] (Qualification and Title)

3. The plaintiff provides the business site for the project, and the defendant takes charge of the construction of the building facility by lending the moving expenses, etc. and inserting all necessary expenses for the implementation of the project.

4. The defendant shall belong to all the buildings except the shares of partnership after the execution of construction.

Article 2 (Scope of Contract Amount for Construction Work) The contract amount of the defendant shall be the sum of the additional charges for each member and the general sale price for apartments under Article 29.

【Article 3】

1. The project period shall be within 22 months after the conclusion of this contract, including relocation, all authorization, permission, and construction period, and the construction period shall be within 22 months (including the period of construction for site creation) from the date of reporting on the commencement of construction in the project site;

(Provided, That in case of general earth and sand in accordance with Article 6(1)). 2. Grounds for the responsibility of the plaintiff, such as non-resident, etc. within the period of time under Article 10(1), design changes, natural disasters, and force majeure.