1. Revocation of a judgment of the first instance;

2. The part of the judgment subject to a retrial against the Defendant (Plaintiff) is revoked.

3...

1. Facts of recognition;

A. The sectional owners of a commercial building, which is the apartment building and its ancillary and welfare facilities on the ground of the Plaintiff, Gangdong-gu Seoul Metropolitan Government and three lots (hereinafter “instant apartment building, etc.”) established the association for the reconstruction of the instant apartment building, etc. (hereinafter “instant reconstruction”), held an inaugural general meeting on December 17, 199 and passed a rebuilding resolution. On April 26, 2002, the number 1,475 sectional owners of the instant apartment, etc., including the Plaintiff, were the members of the Gangdong-gu Office, and obtained authorization for the establishment of the Defendant.

B. On July 18, 2004, the Defendant held an extraordinary general meeting and passed a resolution to approve a management and disposal plan (hereinafter “instant management and disposal plan”) with the consent of 719 persons among 851 members among 1,468.

C. On July 19, 2004, the Defendant entered into a contract for construction works under the content of the instant management and disposal plan with the Si Corporation. The contract includes the following: “The Defendant shall complete the purchase and sale contract by each partner within 40 days after the establishment of the management and disposal plan, and where a partner pays the sale price after the lapse of the payment period, the Defendant shall collect the arrears from the members and pay them to the Si Corporation.”

In accordance with the instant management and disposition plan resolution, the following was determined to be KRW 229,264,214 as the result of the following: (a) the following: (b) the following was allocated to the Plaintiff: (c) the drawing of the same-use apartment house, which was newly implemented by the Defendant on August 24, 2004; and (d)

E. On August 26, 2004, the Defendant notified the Plaintiff of the result of the above-mentioned draw and the details of the contribution, and from August 28, 2004.

8. The Plaintiff demanded the Plaintiff to conclude the sales contract within the above period, setting the period from September 1, 2004 to September 10, 2004 as the first period for the sales contract, but the Plaintiff did not conclude the sales contract to the extent that the above period exceeds the above period.

The defendant can do so.