1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2...

In light of the above, the Plaintiff and the Defendant agreed to compensate the Defendant for damages separate from the liquidated damages in the event that the Plaintiff failed to complete the instant construction by October 10, 2009, and the Defendant incurred separate damages, such as the payment of penalty to the buyer of the building to be newly built by the Defendant.

However, according to the evidence Nos. 32-34 (including each number), since the Plaintiff failed to complete the instant construction by October 10, 2009, part of the persons who purchased a new building from the Defendant for the reason of the Defendant’s nonperformance, the sales contract was cancelled as follows. Accordingly, it is recognized that the Defendant paid to them a refund of the down payment under the pretext of restitution and penalty, and thereby, the Defendant suffered damages equivalent to the penalty for breach of contract.

The Defendant 208-05-05-** 24,500,00 209-11-16,000,000 24,500,500 G 2008-05, 32,923, 2509-112, 65,846,50 32,923,208-16, 8308-16, 830, 830, 2009-16, 208-16, 205, 208-205, 205, 208-16, 207, 2009-11-16, 460, 200, 2002, 2305-230, 2307, 2947, 208-16, 305, 208-47, 2947

(4) According to the above facts, the Plaintiff and the Defendant, pursuant to the conciliation clause (5) of this case, where the Defendant demanded the Plaintiff to transfer the adjoining land after August 30, 2009, the Plaintiff must deliver the adjoining land to the Defendant within five days from that time. If the Plaintiff violates this, the damages calculated at the rate of KRW 40 million per month until the delivery is completed are added.