1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff concluded the instant construction contract and suspended construction work 1) The housing reconstruction project that removes the undeveloped apartment on the land, including Sung-dong, Gangdong-gu, Seoul, and 547-1, and newly constructs the apartment and its ancillary welfare facilities (hereinafter “instant project”).

On April 27, 2007, the Plaintiff is a housing reconstruction and improvement project partnership established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. 2) around May 2008, the Plaintiff obtained authorization to implement the instant project; on August 2, 2010, obtained authorization to revise the project plan to increase the number of households from 440 households to 476 households; and on January 201, the Plaintiff entered into a contract for construction works on the instant project (hereinafter “instant construction contract”).

The main contents thereof are as follows:

Article 4 (Method of Implementation of Projects) (1) of the Construction Contract Conditions (Method of Implementation of Projects) ① / [Plaintiff] provides land and buildings and one lot of land outside 547-1, Sungdong-dong, Gangdong-gu, Seoul, which are owned by the members of Gap and Gap, to Eul, and is supplied as substitute for the apartment and accessory facilities newly built in return.

(2) A shall invest the construction costs and project expenses (hereinafter referred to as "construction project expenses") necessary in the site referred to in paragraph (1) provided by the head of the competent local government in accordance with the design documents, terms and conditions approved by the head of the competent local government, and the construction of construction facilities and supply the land provided by the A with the construction facilities under the conditions of payment in kind in accordance with the standards under Article 5, and the remaining construction facilities shall be appropriated from the construction project

B may not additionally claim for the insufficient project costs even if the general sale price and the shares of members are insufficient for the construction project costs.

In addition, Eul shall appropriate the construction project cost to the remaining amount sold by the general sale, and the remaining amount shall be forfeited to Gap.