1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 59,922,361 from the plaintiff.

1. Facts of recognition;

A. The Defendant is a cooperative established to promote a reconstruction project of “Blue House” (hereinafter “instant project”), which is an aggregate building, in Yangcheon-gu Seoul Metropolitan Government C Forest and Forest Land (hereinafter “instant site”), and the Plaintiff is a member of the Defendant, who has resided in the existing house on the ground of the instant site.

B. On June 11, 2003, the Defendant entered into a construction contract with Dong-gu Comprehensive Housing Construction Co., Ltd. (hereinafter “Dong-gu Construction”) to newly construct a “D apartment” on the instant site.

Members, including the Plaintiff, decided to purchase one unit of reconstruction apartment unit through lot, and around 2004, the Plaintiff entered into a sales contract with the Defendant to purchase the "D apartment unit" unit that he/she received through lot.

However, on November 2004, the project of this case was discontinued due to the default on the construction of Dong-gu.

C. On June 8, 2005, the Defendant concluded a construction contract with the construction company for petition (hereinafter “construction”) to construct the “E apartment building” (hereinafter “E apartment building”) on the instant site.

On the other hand, the defendant and the petitioner construction had been recognized in the apartment of this case as it is, around that time, the Dong, lake, and size of the "D apartment" that the members including the plaintiff had already been allocated through lottery.

Accordingly, on September 4, 2006, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the content that the Plaintiff would purchase real estate (hereinafter “the pertinent household”) as indicated in the separate sheet No. 1 attached hereto. Article 8(1) of the instant sales contract provides that “the Defendant shall make the registration of ownership preservation within 60 days from the completion date of the instant apartment,” and Article 8(2) of the instant sales contract provides that “the Plaintiff shall supply the price and any other means.”