1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The parties concerned are the reconstruction association established to carry out a new apartment (hereinafter “instant apartment”) and a new project to build the instant commercial buildings (hereinafter “instant project”) in the instant project site by consisting of the owners of the land B and 47 lots (hereinafter “instant project site”) and the above above ground A apartment and commercial building as its members, and the Plaintiff is a new construction project contracted by the Defendant for the instant project site.

B. On August 28, 2001, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant with the Defendant for a construction project of the Am apartment reconstruction (hereinafter “instant construction contract”).

(A) The main contents of the instant construction contract are as follows. [A] “A” and “B” in the terms of the contract for the construction project of A apartment reconstruction project refer to the Defendant and the Plaintiff respectively.

[] Project name: A project implementation method of a new construction project of a building facility approved by the head of the competent local government: Article 4 (Method of Implementation of Projects) (1) of the method of payment in kind for apartment buildings and appurtenant welfare facilities for the land owned by the head of the competent local government: The term “A” shall provide “B” with the land owned by the members of “A” and “A”, and in return for the supply of the newly built apartment and appurtenant welfare facilities as a substitute for the land.

(i) Article 5 (Standards for Payment in Kind). (1) The project plan which forms the basis for payment in kind shall be met.