1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is the Housing Redevelopment and Improvement Project Association established for the purpose of implementing the Housing Redevelopment and Improvement Project with respect to the Seoul Seo-gu Seoul Urban Renewal Promotion Zone.

B. The Plaintiff was the owner of Seodaemun-gu Seoul and its ground buildings located within the Defendant’s housing redevelopment improvement project zone (hereinafter “instant real estate”).

C. On November 26, 2009, the Defendant decided on November 26, 2009 that the members shall be liable for all expenses incurred due to business delay if they fail to move within the resettlement period (Article 14(1) of the Management and Disposal Plan). The Defendant designated the resettlement period to the members, including the Plaintiff, as of September 30, 2010, and notified it.

On September 13, 2010, the Defendant filed a lawsuit (Seoul Western District Court 2010Kahap11880, hereinafter “instant lawsuit”) against partners, including the Plaintiff, who did not move within the said resettlement period, and appointed E as the legal representative.

E. On February 24, 2011, the Plaintiff sold the instant real estate to F, and agreed to bear the costs of the instant lawsuit.

F. On May 17, 2011, the Defendant withdrawn the instant lawsuit against the Plaintiff’s defect in the relocation from the instant real estate.

G. On February 23, 2017, F paid the Defendant KRW 3.3 million of the litigation cost of the instant lawsuit (Attorney Fees).

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3

2. The plaintiff's assertion and judgment that the defendant's attorney fees of 3.3 million won in the pertinent lawsuit against the plaintiff were paid by F, but only the actual 1.65 million won was paid as attorney fees. Thus, the defendant's assertion and judgment that the remaining difference of 1.65 million won should be returned to the plaintiff.

In the case of this case, the Corporation, F, the defendant.