1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. At around 2004, I (hereinafter “I”) ordered E Co., Ltd. (hereinafter “E”) and F, who operated the unification facility, to undertake some of the construction works for the construction of the said penta.

(b) thereafter, E/F has completed the construction, but failed to receive the construction cost from I;

C. On the other hand, I sold it before the completion of the above penture, and subsequently suspended the above construction due to the shortage of funds.

Accordingly, on August 29, 2005, the number of buyers of the above penta (hereinafter “instant association”) constituted the association (hereinafter “instant association”), and the said association agreed on August 29, 2005 as to the transfer of I and the above penta construction and implementation project (hereinafter “instant agreement”), and the main contents are as follows.

Article 1 (Purpose) The Agreement of this case aims to give up the instant construction work because I, a developer and a contractor, can no longer perform the instant construction work due to aggravation of management status due to aggravation of management status, and to give up the instant construction work. In order to complete the instant construction, it is intended to determine the mutual performance of the agreement to transfer all rights related to the instant project to the Association.

Article 2 (Waiver of Execution) (1) Since I could no longer proceed with the instant construction due to business deterioration, I shall give up the entire construction, and transfer the buildings under construction and the materials that it owns to the partnership, and actively cooperate with the partnership in the performance of construction works by the contractor to be newly selected.

Article 4 (Transfer of Ownership, etc. of Project Site) (1) At the same time as the agreement in this case is concluded, I shall transfer the project site and real estate owned by it to a partnership or to a person designated by the partnership for payment in lieu of and for security for damages to the partnership.