1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3.A petition filed by this court.

1. Basic facts

A. A. Around 2013, the Plaintiff developed approximately 100 parcels in the Dongducheon-si C, the Plaintiff started the instant project, including developing approximately 100 parcels, and constructing and selling a new housing complex with the name of “D” (hereinafter “instant housing”) in the said parcels, and starting the instant project from around that time.

B. On July 2013, the Defendant drafted the following agreements with respect to the instant project (hereinafter “instant agreement”).

Article 1 Complexes shall be developed with an eco-friendly focus on the environment, and houses shall be newly constructed on the basis of wooden construction.

Article 2 (Rights and Obligations of the Parties) (1) The rights and obligations of the Plaintiff are as follows. ① The Plaintiff shall deal with civil engineering works (such as construction of housing sites and roads, construction of sewage pipes, reclamation works, water supply works, fences, landscaping works, etc.) and administrative affairs (construction design, authorization, permission, completion, etc.) for the creation of a site. 2) The rights and obligations of the Defendant are as follows:

① The Defendant shall undertake the new house construction work in its entirety, and first as of October 30, 2013, a model lower-level [30 square meters (25 square meters), 35 square meters (305), 40 square meters (35 square meters))] by design offered by the Plaintiff for open opening at the early model, by September 30, 2013.

(2) The defendant shall take charge of the distribution prescribed in paragraph (3) together with the plaintiff.

(3) Where the sale of a model house is made, the defendant shall newly construct the same house as the number of units to be sold.

The affairs for sale in lots under Article 3 (Sale in Units) shall be jointly conducted by the two doctors through consultation.

(A) Article 4 (Settlement of Price) 1) The sale price of housing sites that the Plaintiff had progress shall be 90,000 won per 3.3 square meter of the sale area (the design cost and the apportionment of the community construction cost) and the sale price, including the housing, shall be determined by the agreement of both companies, after the completion of the model house, for the input construction cost (including the reasonable profit).

Provided, That the sale price of housing sites shall be the location of the housing site.