1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. CHousing Rebuilding Housing Association is a reconstruction association (hereinafter “instant association”) authorized by the head of Gwanak-gu in Seoul Special Metropolitan City on June 30, 2005 for a reconstruction project of C Housing, which is an apartment house on the land of Gwanak-gu in Seoul Special Metropolitan City D and E (hereinafter “instant project”).

The Plaintiff is a member of the instant association, and the Defendant is the president of the instant association.

B. On October 27, 2007, the instant association concluded a construction contract (hereinafter “instant construction contract”) with respect to the construction project that newly constructs apartment units on the land outside Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, for a fixed share ownership scheme, the method of compensating for the property, the construction cost, the sum of the general sales revenue and the cooperative members’ contributions, and the construction period as 15 months from the date of reporting the commencement of construction (hereinafter “instant construction contract”).

The Plaintiff et al., a member of the instant association, jointly and severally guaranteed the obligation under the instant construction contract of the instant association.

The main contents of the above contract are as follows:

Article 5 (Standards for Payment by Substitutes) (1) A (the name of the association of this case) provides Party A with the previous land owned by its members to Party B (the name of the marinecom comprehensive construction) and B shall provide Party A with an apartment newly built in accordance with a special agreement.

(2) Members A shall, in the case of being provided with newly-built apartment buildings, determine the amount of KRW 65 million per household as an average contribution and pay it to Section B, but shall follow a detailed statement of the additional contribution for increase or decrease in the contributions by floor and by square.

Article 15 (Lease of Relocation Expenses) (2) In principle, the moving expenses shall be leased after the conclusion of the contract and the approval of the project plan, but the first moving expenses shall be determined by mutual consultation between A and B.

Provided, That the relocation expenses shall be financed by the loan from the financial right under the responsibility of B by taking the land owned by A as security.