1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 668,000.

1. Facts of recognition;

A. On February 23, 2004, the Plaintiff completed the registration of ownership transfer of all or part of the ownership (each of the real estates listed in attached Tables 4, 5) of each real estate listed in attached Tables 1 through 10 (hereinafter referred to as “instant real estate”) in attached Tables 4, 5, and 1 through 3, 6, and 10 (each of the real estates listed in attached Tables 1 through 3, 6, and 10). After becoming the entire owner of the instant real estate, the Plaintiff planned to conduct a multi-family housing development project and invested funds or carried out a joint project.

B. However, on November 15, 2006, with respect to the instant real estate, the Plaintiff and the Defendant concluded a collective housing development project (hereinafter “instant project”) and the instant contract (hereinafter “instant agreement”) with the Plaintiff’s creditor, on the following grounds: (a) the compulsory decision to commence compulsory auction upon the Plaintiff’s application by C Co., Ltd. (hereinafter “C”); (b) the voluntary decision to commence auction upon the Plaintiff’s application by E, the Plaintiff’s creditor, respectively, and (c) the auction procedure was in progress on March 28, 2007; and (d) the Plaintiff and the Defendant concluded a collective housing development project (hereinafter “instant project”) and the instant contract with the following details.

Article 1 (Purpose of Business) A (hereinafter the same shall apply) and B (the defendant; hereinafter the same shall apply) shall aim to fulfill their responsibilities and obligations as co-implementers of the project in order to build apartment houses in the main project area (hereinafter the same shall apply) and to complete the project in a successful manner on the basis of the principle of good faith.

Article 4 (Methods of Implementing Projects)

1. A shall secure all the rights that restrict business objectives, such as ownership and superficies of the land for the project;

B shall actively cooperate in the work.

2. Eul shall recommend Gap to be the execution company, design company, urban planning company, financial right, etc., and make a decision by mutual agreement with Gap.

Article 5 (Scope of Liability Affairs)

1. A’s scope of business 1) The land located within the project site (2) the project site of the land owner’s written consent to the use of the land in the project site (a certificate of seal impression, etc.).