1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. The non-party C reconstruction association (hereinafter “non-party C reconstruction association”) is a reconstruction association established in order to remove existing houses, etc. on the ground of the total area of 2,614.7m2 of the non-party D and three parcels in Bupyeong-gu, Seocheon-gu, Non-party C reconstruction Association (hereinafter “non-party C reconstruction apartment”) around August 2003 and to newly construct the apartment house.

B. Around November 2003, the non-party association concluded the instant construction agreement with F Co., Ltd. (hereinafter “F”) on the condition that F removes existing C and one unit of apartment (96 households) as the joint project undertakers and contractors of the said reconstruction project. The said construction cost was to sell the remaining 34 households except the 62 households supplied to the non-party association members under the F’s responsibility.

C. Around November 3, 2005, G, the father of the Defendant, was awarded a contract with F for interior construction of the instant apartment in KRW 240,000,00 among the instant apartment construction works.

When implementing the above reconstruction project, the non-party union and the non-party F entered into an agreement with the National Bank of Korea (which appears before January 2005) in order to take out the moving expenses loan to members and the intermediate payment loan to the general buyers, and received a loan from the above bank in the future.

E. Meanwhile, for the purpose of using in the construction cost, the F requested G to lend the sales contract form in the name of the financial institution as collateral to obtain an intermediate payment loan from the financial institution, and the G received a total of KRW 67,50,000 from the K bank in its own name as its wife, H, her own son, and her own son’s own son’s J.

F. From that point of view, F’s representative director K et al. conducted double sale of general apartment units, and it was revealed that the sales contract was obtained by borrowing intermediate payments from different banks, and F was obtained by submitting the sales contract form to the other banks, while F was at least 77.3% of the progress rate around December 2006.