1. Revocation of a judgment of the first instance;

2. Upon the selective claim added by the trial court after remand, the defendant shall be the plaintiff.

1. Basic facts

A. On November 7, 200, C Co., Ltd. (the representative director at the time is the defendant; hereinafter referred to as “C”) entered into an agreement with the F Association (the owner of the land located in Yongsan-gu D in Changwon-si; hereinafter referred to as “F Association”) on November 7, 200 to promote the instant project with its own funds after being entrusted by the F Association with the “G Tourist Site Development Project and Development Project” (hereinafter referred to as the “instant project”), and in return, the F Association entered into the agreement with the F Association to transfer the development recompense land to C as a result of the instant project.

The main contents of the above Convention are as follows:

Article 2 (Contents of Business): (1) Location of a G tourist resort development project. (2) Location of a G tourist resort development project. Article 3 (Designation and Right of Developers) of the former Masan-Gu D Private Institute (G District Member) ① The F Union shall designate C as a development project operator of the G tourist resort development project at the same time as this Convention is concluded, and the development project operator shall have the status of an entrusted project operator as specified in the Convention and the articles of association (Article 3 of the Addenda).

Article 4 (Responsibility and Performance Bond for Projects) (1) A developer shall, in principle, perform the implementation of the project at his/her responsibility and expense as prescribed by the agreement.

(4) A development project operator shall lawfully implement the development project by taking charge of the affairs related to civil petitions, vicarious execution, and overall affairs of the development project.

Article 5 (Preparation, Amendment and Approval of Development Project Plans) (1) The preparation of the project plan (including the drawings and drawings) shall be prepared and prepared by the development project operator at his own expense and by responsibility, and the development project plan prepared shall be implemented by submitting it to the relevant administrative agency for approval of the plan in accordance with the relevant Acts and subordinate statutes and procedures after obtaining approval from the association as prescribed by

Article 10 (Early Termination and Effect of Convention) (1) In the event of a cause attributable to any of the following parties, the cause for termination of the project shall be attributable before the completion of the project: