1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

1. Basic facts

A. On July 30, 2003, the Plaintiff is a housing reconstruction project partnership established to carry out the project (hereinafter “instant reconstruction project”) of removing existing buildings located on the land outside B and five lots outside Busan, Suwon-gu, and constructing apartment units (hereinafter “instant apartment units”) and supplementary welfare facilities (hereinafter “markets”). On March 28, 2006, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with the Plaintiff to promote the instant reconstruction project and build the instant apartment units and commercial buildings.

B. The main contents of the instant construction contract to be concluded are as follows.

Article 4 (Method of Implementation of Project) (1) Each member of the Plaintiff’s association provides the Plaintiff with one parcel of land outside Suwon-gu, Busan, and five parcels of land owned by its members, and pays the contributions as prescribed in Article 5, and is supplied with apartment and auxiliary welfare facilities newly built in return therefor.

② The Plaintiff shall provide the Defendant with the land under paragraph (1) as a business site.

(3) The defendant shall construct construction facilities on the site referred to in paragraph (1) provided by the plaintiff in accordance with the design documents, terms and conditions of the contract, etc. approved by the competent project implementation authorization authority, and the plaintiff shall supply each member with the apartments and ancillary welfare facilities newly built in accordance with the free equity ratio prescribed in Article 5, and the remaining construction facilities shall be divided into general quantity and appropriated from construction

Article 5 (Standards for Gratuitous Equity Ratio and Payment of Contributions) (1) Criteria for gratuitous equity ratio in respect of new apartment houses and welfare facilities of the previous land or building owned by the Plaintiff’s partner pursuant to Article 4 (3) shall be attached (Standards for Gratuitous Equity Ratio of Members and Average Parcelling-Out Price of Members).

(3) Members of the plaintiff's association referred to in Article 5 (1) shall share the amount of contributions to be paid to the plaintiff's association by usual supply area (including the area for residential use) and welfare facilities of the apartment purchased.