1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

(b) the preliminary claim.

1. Basic facts

A. During the period from April 25, 2001 to December 19, 2001, the construction company, Green Construction Co., Ltd. and the Plaintiff Southern Development Co., Ltd. (hereinafter “Plaintiff Southern Development”) newly built four apartment complexes (hereinafter “instant apartment complex”) of the name “A” (hereinafter “instant apartment”) on the land listed in the separate sheet No. 2 (hereinafter “instant land”) and sold in lots (hereinafter “instant project”) between April 25, 201 and December 19, 2001, the approval of the housing construction project plan was obtained from the head of Ulsan-do, the head of the Gu for the construction project.

Plaintiff

On July 201, 2001, the name water construction company (hereinafter referred to as the “Plaintiff water construction company”) acquired the right of the instant apartment construction project from the Hansan Construction Co., Ltd., and obtained the approval of the modification of the housing construction plan from the head of Ulsan Northern District Office to the Plaintiff water supply construction.

B. (1) On January 18, 2002, the Plaintiffs concluded a land trust agreement for the purpose of leasing, managing, and operating the instant land and apartment (hereinafter collectively referred to as “trust real estate”) as trust property after it entrusted the instant land to the Defendant and newly constructing the instant apartment, which is the main duty of the real estate development trust with the Defendant.

In accordance with the above lease-type land trust contract, the defendant obtained the approval of the change in the housing construction project plan from the head of Ulsan-do, the project undertaker from the plaintiffs, around February 7, 2002.

(2) Subsequent to the cancellation of an agreement with the Defendant on the above-lease land trust agreement, the Plaintiffs, on October 13, 2002, concluded a sale-type land trust agreement (hereinafter “instant trust agreement”) with the aim of selling the trusted real estate by newly constructing the instant apartment complex to the Defendant and selling the trusted real estate.