1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part and the plaintiff's claim.

1. Facts of recognition;

A. On April 10, 2016, the Plaintiff and the Defendant entered into an agreement with the Plaintiff on the construction of multi-family housing and the main complex building, which is Class I and II neighborhood living facilities (hereinafter “instant agreement”), and the Defendant, respectively, (hereinafter “instant agreement”), with respect to the business of constructing multi-family housing and the main complex building, which is Class I and II neighborhood living facilities (hereinafter “instant business”).

The main contents of the instant agreement relating to the instant case are as follows.

Article 1 (Opening of Business): Construction use of a multi-family housing, Class 1 and Class 2 neighborhood living facilities (hereinafter “building”): The scale of construction of multi-family housing, Class 1 and Class 2 neighborhood living facilities (hereinafter “buildings”): Underground floor and Article 2 (Roles of Parties) (1) The Defendant, as the executor of the instant project, shall perform the following duties:

Purchase of the entire project site and securing ownership (Completion of Trust Registration)

C. Burden and financing of project costs related to the instant project, various taxes and public charges, and payment of charges

(h) All other duties prescribed in this Arrangement and necessary for the implementation of the Project in this case.

(i) All business affairs related to parcelling-out;

(j)management and operate sales in lots through the conclusion of a contract with a trust company on behalf of a trust company for the stability of business progress, repayment of loans for the initial operation of the project and business stability.

② The Plaintiff, as a contractor of the instant project, shall perform the following duties:

Conclusion of contracts for construction works related to the project of this case and completion of liability within the construction period;

B. When the initial project is conducted, the Corporation itself raises funds necessary for the smooth operation of the project (hereinafter “the initial project funds”) and pays the funds in the form of a loan to the implementer, and is repaid through multi-family housing sales generated thereafter, and the details thereof are as follows.

1. Costs for the new construction and test of model hybrids;

2. Marketing expenses related to the sale of buildings in units;

3. Various fees; and