1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On July 19, 2012, the Defendant: (a) developed land listed in the separate sheet No. 1 attached to the Defendant and C and D Co., Ltd. (hereinafter “D”) as a residential housing site; and (b) designated the following as “Agreement No. 1 on July 19, 2012, stipulating that the land listed in the separate sheet No. 1 “instant land” shall carry out the business of selling the land to others (hereinafter “instant land”; and (c) the aforementioned development project shall be referred to as the “instant project”; (d) the cost sharing; (e) distribution of profits; and (e) other administrative disposition.”

and the terms of this Agreement are as follows:

In developing the land of this case as a residential site, the defendant of the landowner refers to "A", "C and D entrusted with the development and sale of the land", and the following agreements are made:

A. L. L. L.I.

(a) The purchase price of land shall be calculated as KRW 3 billion, and the payment of the price shall be made by lot to “A” in order of priority through sale and purchase.

(b) The initial funds required for various authorization and permission costs, design costs, removal and civil engineering works shall be financed and approved by “A” as collateral for the land in this case, and the debtor shall be in the name of “B”.

(c)The repayment of a loan shall be made in the redemption key after full payment of the land price under the responsibility of “B”.

E The land of 723 square meters and 737 square meters adjacent to the existing studio shall be provided to “A” after the completion of civil engineering works, and shall be excluded from the project site, and the cost of civil construction works of the said two lots shall be paid to “B” in the cost of construction works.

G. The transfer income tax generated from the sale and purchase of the instant land is not responsible for “A”, and the tax on the benefit portion is responsible for “B”.

B. On August 7, 2012, the Defendant: (a) divided the instant business with C and D (hereinafter collectively referred to as “C, etc.”) into two parts; (b) adjusted the amount of the purchase price of the land; and (c) partly included the burden of tax, cost, etc.