1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. Of the total litigation costs, 90% is the remainder of the Plaintiff.

1. Basic facts

A. On December 5, 2012, the Plaintiff entered into a contract with the Defendant on the purchase of KRW 1.766,67 million for the purchase price of KRW 3,637 square meters in Pyeongtaek-si, the Defendant-owned land, KRW 712 square meters in land for D, KRW 142 square meters in total, and KRW 1.76,67 million in purchase price. As such, the Plaintiff agreed to complete registration of preservation of ownership for one of the six urban residential housing units newly constructed by the Plaintiff on the instant land in lieu of partial payment of the purchase price.

(hereinafter “instant joint project agreement”). (b)

From June 28, 2013 to December 26, 2013, the Defendant completed the registration of ownership transfer with respect to the remaining land excluding the 3,637 square meters of Pyeongtaek-si, which became subject to registration conversion (hereinafter referred to as “C land”), among the instant land, by dividing the Plaintiff’s designated persons into the said land, and completing the registration of ownership transfer with respect to the remaining land other than the 629 square meters (hereinafter referred to as “C

C. Around February 2015, the Plaintiff and the Defendant agreed to transfer the ownership of one urban-type residential house built on land C (hereinafter “instant building”) among six urban-type residential housing units, to the Defendant in lieu of the payment of KRW 1.150 million, and the time of delivery was set on March 31, 2015.

On the other hand, on June 29, 2015, due to the commission of the registration of provisional disposition, the registration of preservation of ownership was completed in the future of the defendant on the instant building. On the other hand, on December 2015, the plaintiff obtained approval for the use of the above six urban residential housing units around the end of December, 2015 and delivered the instant building to the defendant.

The Plaintiff asserted that the obligation of the land price to be paid by the Plaintiff to the Defendant under the instant joint project agreement (hereinafter “instant land price”) does not exceed KRW 184,546,123, and the Defendant is disputing this, and accordingly, filed the instant lawsuit seeking confirmation thereof.

Accordingly, the defendant did not file a counterclaim in the litigation procedure of this case, and the land price of this case that the plaintiff must pay to the defendant is KRW 449,980,078 and its related thereto.