1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant agreed to jointly construct 23 urban-type residential housing units D in Gunsan-si and 24 households in F urban-type residential housing units F in Gunsan-si to sell them.

B. Accordingly, on April 30, 2012, the Plaintiff and the Defendant concluded a partnership agreement with the following contents (hereinafter “instant partnership agreement”).

1. In principle, the cost of construction, land purchase, design, public charges, etc. shall be calculated in full to be borne by the original cost and the defendant each half of the costs of construction, land purchase, design, public charges, etc.

2. The National Housing Fund already established shall be designated as the cost and the defendant's joint construction fund, which shall be invested in the construction cost, and shall be agreed to distribute each one half of the two of the costs for sale and lease after completion as well as the defendant's settlement after completion.

4. The Plaintiff agreed that the Plaintiff shall additionally transfer the ownership of D’s housing equivalent thereto to the Defendant, instead of transferring KRW 30 million to the Plaintiff’s name, at the time of the Plaintiff’s completion of the D’s new construction project, and at the time of distribution of the Defendant’s interest and ownership, KRW 30% of the shares of C’s company owned by the Defendant to the Defendant.

[Provided, That 30% of the shares of C to be transferred by the Plaintiff from the Defendant is limited only to the shares of C except for all real estate and financial assets (including deposits and claims and obligations) currently held by C, and the Plaintiff is aware that there is no objection thereto, and the time when the Plaintiff transfers the shares of C to the Plaintiff shall be specified and agreed immediately before the completion of D’s house] without dispute (based on recognition), entry of B’s evidence 1-2, and the purport of the whole pleadings as a whole.

2. The defendant's judgment on the defendant's main defense is not a shareholder of C, but a shareholder's claim against the defendant, since the plaintiff and the defendant concluded a transfer contract on shares of C Co., Ltd. (hereinafter "C") in the first instance and the first instance trial.