The plaintiff's primary claim is dismissed among the lawsuits of this case.

The plaintiff's preliminary claim is dismissed.

1. Basic facts

A. The Defendant (C Co., Ltd. divided the construction industry portion, etc. on May 2, 2018, and newly established the Defendant, regardless of whether before or after the establishment, the Defendant (hereinafter “Defendant”) is a contractor for construction of a new E apartment in relation to the D apartment reconstruction project implemented by the said association (hereinafter “instant association”), and the Plaintiff is the owner of each real estate listed in the attached Table among E apartment units (hereinafter “each real estate”).

B. On January 31, 2008, the instant association entered into a contract between the Defendant and the instant association. As to the instant association’s reconstruction project of D apartment units with the business site with the size of 101,987.40 square meters outside the Hancheon-gu Seoul Special Metropolitan City, Seocheon-gu, and four lots of land outside the Seoul Special Metropolitan City, Seocheon-gu, and as to the Defendant, E apartment units (hereinafter “instant apartment units”), such as 23 apartment units 1,613 households and commercial kindergarten facilities with the 25th above ground level from the second underground floor

) New construction works (hereinafter “instant construction works”)

(2) On January 13, 2010, the instant association entered into a contract with the Defendant for the change of the project implementation method with respect to the instant construction project from the equity system to the contract system and for the change of the construction amount to KRW 292,394,00,000 (excluding value-added tax).

3) On July 8, 2011, the instant association entered into a contract with the Defendant to change the construction cost to KRW 294,368,000,000 (value-added tax separate) with respect to the instant construction project (hereinafter referred to as “instant contract,” in total, the agreement entered into between the Defendant and the instant association.

C. The Defendant completed the instant construction and obtained a provisional use approval for the instant apartment around June 30, 2014, and the fixed approval for the use of the instant apartment was July 31, 2017.

The auction procedure concerning each real estate of this case is in progress and the plaintiff.