1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The plaintiff is a company aimed at the development and collection business of stone production, etc., and the defendant is the housing reconstruction and improvement project association established for the purpose of implementing reconstruction improvement projects for 576 ground-based shipbuilding apartments (hereinafter "the apartment of this case") in Jinju-si.

B. On July 15, 2012, the Defendant entered into a contract for the reconstruction of the instant apartment (hereinafter “instant apartment construction”) with Nonparty ELT Construction Co., Ltd. (hereinafter “ELT Construction”). instead of determining the construction cost to be paid from the Defendant, the Defendant entered into a contract for the construction of the instant apartment (hereinafter “instant construction contract”). instead of determining the construction cost to be paid from the Defendant, the Defendant: (a) provided members free of charge the apartment area equal to the Defendant’s free share ratio to the size of the land provided by the Defendant’s members; and (b) concluded the so-called “the instant first construction contract” (hereinafter “the instant first construction contract”), which appropriates the charges paid by the members for the remaining area and the sales revenue earned from the sale of the remaining apartment and commercial buildings

C. From September 6, 2013 to April 28, 2014, ELL case: (a) sold the instant apartment building and received KRW 440,800,000 from the sale price to four buyers; (b) the Defendant jointly and severally guaranteed the obligation under the sales contract.

On August 11, 2014, the Defendant again drafted a construction contract for the reconstruction project of the instant apartment (hereinafter “the instant secondary construction contract”) with the content of the construction cost of KRW 7,399,242,00, and the construction hours from September 11, 2014 to February 10, 2016.

E. In around 2015, ELL case discontinued the construction as a matter of financing while carrying out the construction of the instant case, and the process status at the time of suspension is 11.67%.

On January 6, 2016, ELL case renounced the construction work to the defendant on the internal condition of ELL case, and later causes the construction of this case.