1.(a)

The plaintiff (Counterclaim defendant)'s first preliminary principal claim against the defendant (Counterclaim plaintiff) B is dismissed.

(b)in this case;

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. 1) The Plaintiff removed A’s house on the ground of each of the instant lands, and the apartment house (16 units of the association members’ share in lots, 18 units of the general sale, hereinafter “the instant apartment house”).

(1) the reconstruction project (hereinafter referred to as “the reconstruction project”) is the reconstruction project of this case

In order to implement the project, the Plaintiff is an association authorized on July 27, 200 pursuant to the former Housing Construction Promotion Act. 2) The Plaintiff agreed to implement the instant reconstruction project jointly with I and filed a commencement report on March 9, 2002. However, on March 15, 2005, the joint project undertakers were changed into K Co., Ltd. (L) on March 15, 2005 through J Co., Ltd. (hereinafter “L”).

3) The Plaintiff around May 2007 and a rebuilding agreement stating that “the Plaintiff shall provide each of the instant land owned by its members, provide 16 households out of 34 households of the newly built apartment units to its members, and the remaining 18 households of the apartment units shall sell L in general and appropriate for the construction cost and project expenses of the housing reconstruction project” (hereinafter “instant equity agreement”).

L. (4) From September 2005, L commenced the instant apartment construction project and completed it on May 2007, but did not adjust the debt incurred from the reconstruction project, such as unpaid construction cost.

5 The registration of ownership preservation was completed ex officio due to the exercise of rights by interested parties from the end of 2007 to the end of 2008. However, the registration of ownership preservation was completed with respect to both the portion of the ownership of association members and the portion of the general sale, making the Plaintiff and L as co-owners, but the registration of right to use the site was not completed, and the Plaintiff’s registration of ownership transfer was a trustee or owner with respect to each of the instant land.

B. Defendant B’s instant case