1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Defendant A is the owner of the 2,008 square meters (hereinafter “instant land”). Defendant B is the spouse of Defendant A, and the Plaintiff is a company with the purpose of building and civil engineering work execution business, housing construction business, etc.

B. On the ground of the instant land, a joint contract with the Plaintiff, Defendant A, and Nonparty D on the following matters relating to the business of newly constructing and selling urban residential housing and ancillary facilities, such as apartment and commercial buildings (hereinafter “instant business”).

1) A joint project agreement entered into between Defendant A and D (Evidence 5) on December 3, 2012, the joint project agreement entered into between Defendant A and D was as follows. The main contents of the said agreement are as follows: (a) Defendant A and D shall carry out the joint project; (b) the payment of the land price shall be made at a rate of 50%; and (c) the remainder of the profit shall be distributed at a rate of 50% after deducting the land price and the cost for the implementation of the project, respectively. Article 5 (Article 5(Article 5(1)-D’s construction cost shall be KRW 3,500,000 per square year; and (d) D shall be responsible for the execution of the project.

All expenses related to the projects under paragraph (2) shall be borne by D and shall be settled at the time of subsequent distribution of profits.

Article 6 (Settlement of Land Costs) After obtaining approval for the project under paragraph (1) of the Article 6, the settlement of land costs shall be made on the premise that the sale from the commencement date of sale to the achievement of at least 70% of the sale

In the execution of the loan of the National Housing Fund of paragraph 2, the limited real right of KRW 1.52 billion (2 billion with the maximum debt amount of KRW 2.89 billion) shall be settled under the condition subsequent to the cancellation, and the sale rate of KRW 280,000 shall be settled and paid when 50% has been achieved.

When converting into D independent project after the settlement of land costs under Paragraph 7 of Article VIII (At the time of the Joint Project Implementation), all expenses other than all expenses related to the project site and taxes and public charges shall be treated at D's expense.

Article 11 When the change of the name of joint business operators is carried out by the defendant A and D in the joint business under Article 8 as D's sole business.