1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The sectional owners of the E-Building Housing in Dongdaemun-gu Seoul, Dongdaemun-gu, and the F ground established the E-Building Association (hereinafter “instant Association”) in order to undertake the project of constructing the main complex building with the third underground and third underground floors above the ground level (hereinafter “instant main complex building”) and the 13th above ground level (hereinafter “instant building”).

B. On December 19, 2005, the instant association entered into a joint project implementation agreement with D Co., Ltd. (hereinafter “D”) with the purport that D was provided with the instant business site by the instant association with C, 330.09 square meters and F, 626 square meters, etc., and supplied the instant main complex building to its members, and 16 households among them were supplied to the instant association members, and the remaining apartment buildings, neighborhood living facilities, and business facilities were sold in general and appropriated for construction expenses, etc.

(hereinafter referred to as the “construction work of constructing a main complex building of this case” is the reconstruction work of this case.

D On August 21, 2006, when it ordered tin Construction Co., Ltd. to undertake the instant reconstruction work, it cancelled. On February 21, 2008, 2008, the said construction contract was cancelled under the condition that the said construction contract was made up of 4 to 5 floors.

After that, on January 20, 2010, D entered into a contract for construction works on the instant main complex building with the Rascenon Co., Ltd. (hereinafter referred to as the “Rasen”), and the reconstruction construction of this case was resumed after the completion of the reconstruction construction, but has not yet been approved for use. At present, the portion of the association members among the instant main complex buildings has been occupied, and many other parts have been sold or leased.

E. On March 2, 2011, G Co., Ltd. (hereinafter “G”) takes place between Malaysia and the construction amount of KRW 670,000,000 as to the part of the instant reconstruction work, and the construction period from March 3, 201 to June 30, 201.