1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On November 29, 2013, Defendant AB reconstruction Association received the instant lawsuit from the Seoul Central District Court, and the custodian took over the instant lawsuit. The Seoul Central District Court rendered a decision to discontinue rehabilitation procedures on May 8, 2014, and around that time, the Seoul Central District Court again filed a lawsuit seeking the closure decision.

(hereinafter “Defendant Anon-dong Reconstruction Association” refers to the “Defendant” in total before and after the decision to commence or abolish the rehabilitation procedure.

On October 7, 2009, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with a contractor, among the construction works for the removal of a non-dong building A and the five underground floors and the construction works for the construction of a new complex building on the 12th floor above ground in Yeongdeungpo-gu Seoul Metropolitan Government and the construction works for the remaining parts (hereinafter “instant construction works”), which were performed by the pre-contractor, to contract for the construction works for the remainder (hereinafter “instant construction works”) at KRW 13,157,00,000 (excluding value-added tax).

C. On December 28, 2009, Hoho Construction entered into a construction subcontract agreement (hereinafter “instant subcontract agreement”) with the Plaintiff that subcontracts the civil engineering works of the instant construction to the cost of KRW 631,00,000 (excluding value-added tax).

Although Hoho Construction demanded the Defendant to pay the payment for completed portion by performing the instant construction, the Defendant refused the payment on the ground that the instant contract was made in accordance with the so-called equity agreement method in which the contractor has the ownership of all or part of the remaining surplus buildings, rather than paying a certain amount of the construction cost to the contractor.

Accordingly, on June 30, 2010, Hoho Construction suspended the instant construction work.

E. Western Construction filed a lawsuit against the Defendant for the payment of the construction cost and loans, etc., but the first instance court (Seoul Central District Court 2010 Gohap97100) is the first instance court.