1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company established and operated by G to carry out a new project on the land surface of Dongjak-gu Seoul Metropolitan Government and 193 and constructing apartment units with a scale of 386 households on the land (hereinafter “instant project”). It is a company in fact identical with J Co., Ltd. (hereinafter “J”) that carried out an apartment development project in the vicinity of the instant project site.

(G) after having been under the name of J, the work was carried out in the name of C. (B).

On May 23, 2007, C entered into a business agreement with a new lender and a new bank to obtain a loan of KRW 130,000,000 (hereinafter “the instant loan agreement”) between the new lender and the new bank in accordance with the instant business agreement, and the new lender and the new bank to obtain a loan of KRW 130,000,000,000 (hereinafter “the instant loan agreement”).

C. As the Enforcement Decree of the Housing Act was amended by Presidential Decree No. 20208 on July 30, 2007, the restriction on the use of housing construction projects owned by a housing construction business operator, etc. is further strengthened, C transferred the instant project site to the Defendant, and C directly performed the project as the project operator of the instant project, but C will undertake the instant project as the execution agent.

Accordingly, C on July 2, 2007, as a project implementation agent, with the Defendant, the implementation agency contract between C and the Defendant for the execution of the duties, such as the purchase of land, authorization and permission related to the project, the selection of related business entities and the conclusion of contracts, and the invitation of union members, etc. (hereinafter “instant implementation agency contract”).