1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2004 and August 3, 2004, the Plaintiff (hereinafter “Plaintiff”) completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on December 21, 201, as the Plaintiff (C Co., Ltd. to “Co. A” on December 21, 2017).

B. On November 27, 2006, the Plaintiff and the Defendant entered into a construction contract with respect to “E new construction project” on the land outside D (hereinafter referred to as “instant primary project” and its detailed contents as follows, with respect to “E new construction project” on the land outside D (hereinafter referred to as “E new construction project”) for a period of 30 months after the commencement of the construction period, and the construction contract amounting to 114,228,120,000 won (excluding value-added tax).

Article 9 (Contract Amount and Method of Payment) (1) The construction cost under Article 4 of this Agreement shall be paid by mutual agreement between the plaintiff and the defendant with proceeds from sale, etc.

The proceeds from sale shall include the borrowings borrowed by the plaintiff on the security of the object of the project or its accessory site, and shall include the sale price, late payment charge, discount charge, penalty, bank's interest, value added tax refund, and all other revenues related to the project in connection with the sale contract.

Article 10 (Payment Guarantees) (1) In cases where the plaintiff borrows land prices and project promotion expenses from financial institutions, the defendant's payment guarantee is necessary to review the appropriateness of the above payment guarantee and, if necessary, make a decision to guarantee the payment.

Article 12 (Management of Sales Proceeds) (1) The plaintiff shall use the proceeds from sale under Article 9 (1) for the repayment of loans borrowed by the plaintiff, the payment of construction expenses, the plaintiff's general management expenses, project promotion expenses, etc.

(2) Proceeds from sale in lots (including borrowings and late fees) shall be opened in the name of the defendant, and the defendant shall manage the passbook, and the seal shall be kept respectively by the plaintiff and the defendant.