1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

1. The plaintiff filed a counterclaim seeking partial payment of liquidated damages, housing guarantee, additional relocation expenses, loan, transportation facility charges, interest on moving expenses, subrogated amount, road indemnity, etc. at the first instance court. The defendant filed a counterclaim claiming partial payment of liquidated damages, and the first instance court rejected all of the claim for the remainder and counterclaim.

Since the defendant only appealed against this, the subject of the judgment of this court is limited to the above liquidated damages and the counterclaim.

2. Basic facts

A. The Plaintiff is a housing reconstruction project partnership which completed the registration of incorporation on July 11, 200 with the authorization for establishment of a new apartment and commercial building on the said land as a member of the Plaintiff of the first underground floor with the 4,226.10 square meters in Seo-gu Busan Metropolitan City and the owners of the 5th floor above the ground, and the Defendant is a company with the purpose of housing construction project, etc.

B. On August 2, 2005, the Plaintiff and the Defendant entered into a construction contract (hereinafter “instant construction contract”) under the method that the Plaintiff invested in kind the said land with respect to the said A-A-building project and the Defendant newly constructed apartment and commercial buildings on its ground and pays part of them to the Plaintiff (hereinafter “the instant construction contract”). The main contents are as follows.

The scope of the project under A-A-B (2) : The location of the project under Article 1(7) of the terms of the contract for the A-B-B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S