A. On October 1, 2003, Plaintiff AWnB Development Co., Ltd. (hereinafter “Plaintiff AWnB”) participated in the bidding procedure on the first floor above the ground and the first floor above the ground level, which was conducted by Defendant A apartment reconstruction housing association (hereinafter “Defendant association”) and entered into a sales contract on the height of the above 4th floor (hereinafter “the above 4th floor height of the building site”) with the height of the above 16,123,121,631 (hereinafter “the above 4th floor height of the building site”) with the height of the 4th floor above the 4th floor above the 6th floor height of the building site (hereinafter “the above 4th floor height of the building site”).

B. On February 2004, Plaintiff AP demanded the Defendant Union to submit a proposal for the general sale. The Defendant Union issued a drawing indicating the cross-section to the main entrance of the instant commercial building. Ultimately, from February 2004 to April 2, 2004, the Plaintiff sold the instant commercial building in general with the total sale amount of KRW 37,795,053,659 (including value-added tax) premised on the condition that the cross-section occurred in the instant commercial building.

C. On November 26, 2004, the approval for the use of the instant commercial building was made on the basis of the drawing in a cross-section in the main entrance zone.

【No dispute over the basis of recognition】In the absence of dispute, Gap evidence 1-1, Gap evidence 2-1 through 4, Gap evidence 8-54, Eul evidence 1, and Eul evidence 4.