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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the land subdivision rearrangement association that has obtained authorization for the compartmentalization and rearrangement project with respect to the Ulsanbuk-gu Seoul Central District (hereinafter “B district”).
The Plaintiff is a company that runs the civil engineering, construction business, housing construction business, etc., and entered into a new apartment construction business (hereinafter “instant apartment site”) and related business service contract with respect to the instant apartment site (hereinafter “the instant apartment site”) with respect to the Elet and 18,012.7 square meters (hereinafter “instant apartment site”) located within the D Regional Housing Association and B.
B. On June 10, 1993, the Defendant entered into an entrustment contract with F Co., Ltd. F (hereinafter “F”) for a land readjustment project in B, and entered into a contract for construction work on May 12, 1994, but the land readjustment project was suspended due to F’s default on March 4, 1998.
C. On June 26, 2004, the Defendant concluded a new contract for construction work with G Co., Ltd. (the trade name before the alteration: H Co., Ltd.; hereinafter “G”) which acquired all powers concerning the land readjustment project, and entered into a contract for construction work again on January 6, 2006, May 10, 2007, and September 5, 2007, and finally determined the contract amount to KRW 15,290,000,000, and the contract amount to be paid as a land secured for development outlay depending on G’s honor.
However, on September 201, a land readjustment project was not carried out again from September 201, and I Co., Ltd. (hereinafter “I”) issued a letter of liability completion to the Defendant on March 27, 2012, stating that “A guarantee the execution of a land readjustment project in G B district.”
E. On January 23, 2014, the Defendant drafted an agreement with D Regional Housing Association and the Defendant stating that “In relation to the new construction of an apartment, the unsatisfying portion of K lines shall be opened not later than October 2015, as it is a road entering J national highways into apartment sites from J national highways as to the new construction of an apartment.”
(f) On January 23, 2014, the head of Ulsan Northern Northern District Office approved the housing construction project plan for new apartment construction in the D Regional Housing Association on January 23, 2014 under the following conditions of approval: