1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff, along with the Plaintiff, has promoted the business of constructing apartment and ancillary welfare facilities (hereinafter “instant apartment”) on the 55-1 and 17 lots of land in South-gu, Namyang-gu, the principle of the deposit system at the time of retirement (hereinafter “the Plaintiff, etc.”). The Plaintiff entered into a contract with the Defendant, a contractor, on February 20, 207, for the alteration of the construction contract with the Defendant, a contractor.

B. On April 30, 2009, when the project site of this case was included in the urban renewal acceleration district of Namyang-ju, the Plaintiff and the Defendant concluded an agreement with the competent unit on August 10, 2009 on the additional amount to be borne by the Defendant, instead of excluding the project site of this case from the above urban renewal acceleration district, on August 10, 2009, the Plaintiff and the Defendant concluded an agreement on the cost of installing the infrastructure of the urban renewal acceleration district of the discharge fraternity, which is KRW 7,428,00,000 (hereinafter “instant installation cost”) with respect to the cost of installing the alternative military facilities related to Goyang-do as well as the cost of installing the military facilities that have been completed a final consultation with the competent unit,

(hereinafter “instant agreement”). Meanwhile, at the time of the conclusion of the instant agreement, the Plaintiff et al. prepared a written confirmation confirming that the amount of project costs under the said agreement is fully borne by the Plaintiff et al. according to the contract for contract modification concluded on February 20, 2007.

C. On November 26, 2009, the Plaintiff et al. and the Defendant entered into the final contract for the change of the construction contract. On the same day, the Plaintiff et al., the Defendant et al., the Korea Bank (hereinafter “Korea Bank”), and the Asian Trust Co., Ltd. (hereinafter “ Asian Trust”) concluded a management-type land trust contract with the truster, Asian Trust, the trustee, the instant business site, and the new apartment as the trust real estate (hereinafter “instant trust contract”), and the Defendant both the contractor and the second priority beneficiary.