1. The Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff), KRW 29,446,632, and the Defendant (Counterclaim Plaintiff) KRW 30,391,352, respectively.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Defendants are members of the club called “J” formed by 18 persons to carry out a new house construction project (hereinafter “instant project”).

The president of the same club is K, and the general secretary is L.

On July 26, 2007, the said club entered into a contract with the Plaintiff to purchase KRW 2,115 square meters of 31,130 square meters of Gyeongnam-nam forest land (based on the area before division; hereinafter “the instant real estate”) and 31,267 square meters of N forest land (based on the area before division; hereinafter “the instant real estate No. 2”).

(A) Under the contract, the buyer indication is K, and “the purchaser of the above contract shall be K and 17 persons, and the contract shall be named in the name of representative.” The Defendants, K, L,O, P (hereinafter referred to as “instant club”) except for six members of the above 18, agreed to promote the project of this case by facilitating the project of this case, and by facilitating the construction of multi-family housing with the Plaintiff as a formal project proprietor, after completing the preservation registration under the name of the Plaintiff and completing the registration for transfer from the Plaintiff.

On December 13, 2007, the instant club concluded a contract with Q Co., Ltd. (hereinafter “ Q”) for the construction work of site creation and access road (hereinafter “instant construction work”) among the instant business in the name of the Plaintiff and Q Co., Ltd., for the construction cost of KRW 650 million. After that, the Plaintiff entered into a contract to increase the construction cost of KRW 990 million on December 24, 2007 in the name of the Plaintiff.

Q completed the instant construction work around October 2008.

The club of this case filed a claim for damages against Q in the name of the Plaintiff and K on December 18, 2009, under the condition that Q paid only the construction cost of KRW 760 million on the ground that the instant construction was defective.

Q also filed a counterclaim against the plaintiff and K on January 21, 2010.