1. The judgment of the first instance, including any claims extended or added by this court, shall be modified as follows:

1. Facts recognized;

A. The status of the parties, etc. (1) H District Urban Development Association (hereinafter “instant association”) is an association established for urban development.

Pursuant to Article 21(1) of the Urban Development Act, the instant association carried out a business of newly constructing and selling multi-family housing (hereinafter “instant business”) in Pyeongtaek-si C by mixing the method of expropriation and use of land, buildings, etc. in an urban development zone with the replotting method.

(2) The Plaintiff (the first trade name was “E,” but was changed as of March 17, 2015) is a corporation with the purpose of housing construction business, housing sales business, etc.

On March 12, 2007, the Plaintiff entered into an implementation agency service contract with the H District Urban Development Project Promotion Committee (hereinafter “instant service contract”) on the instant project (hereinafter “instant service contract”) and vicariously performed the instant project.

The rights and obligations of the H District Promotion Committee under the instant service agreement were comprehensively succeeded to the instant association after the establishment of the instant association.

(3) The Defendant was the owner of the instant land, among the instant land for the instant business, 9,837 square meters in total size (7,837 square meters (2,371 square meters), 660 square meters in Pyeongtaek-si D, Q warehouse site, 496 square meters in size prior to R, S 4,334 square meters, 989 square meters in Seoul, U 27 square meters in size, V 141 square meters in size, 57 square meters in W, and X 167 square meters in size (a total area is about 7,837 square meters in size). From the next day, the Defendant was the owner of the instant land, namely, the “instant land”, and where the individual land is in compliance with it, it is limited to the location thereof).

Among the land in this case, ① the ownership transfer registration was completed on January 9, 1989 due to the inheritance due to the consultation and division as of April 6, 1976 with respect to the land in this case, ② the remaining land was traded on February 26, 1982.

3.2. The registration of ownership transfer was completed in the future of the defendant.

B. On December 17, 2008, the Plaintiff entered into the first sale contract with the Defendant on December 17, 2008, and four buildings and trees on the land in question and on its ground.