Of the judgment of the first instance, the part against the defendant against the plaintiff shall be revoked, and the revocation part shall be the plaintiff.

Basic Facts

On May 6, 2002, Songpa-gu Seoul Special Metropolitan City B was designated as a prospective housing site development area G by the Ministry of Construction and Transportation on December 6, 2002 and the approval of the development plan was publicly announced as H on October 6, 2003.

On October 30, 2003, the Defendant publicly announced the “C Housing Site Development Project site compensation plan and relocation measures” as the project implementer of the said housing site development project (hereinafter “instant project”).

The plaintiff was incorporated into the instant project district of Songpa-gu Seoul Metropolitan Government I Ground Building (hereinafter referred to as the "instant building"), and the plaintiff respondeded to the defendant's consultation compensation in accordance with the public notice of the above relocation measures, and applied for a special supply of national housing on February 13, 2004 and received the right to move in from the defendant.

On October 9, 2007, the Plaintiff entered into a sales contract with the Defendant on the C District J 906 Dong 1402 (59.95 square meters of exclusive use area, 36.456 square meters of co-owned land), and paid to the Defendant the remainder of KRW 135,876,000 of the housing price calculated by deducting KRW 50,000 of the loan from KRW 185,876,000 of the housing price.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 37, 45, 75, Eul evidence Nos. 36, 37, and Eul evidence Nos. 36, and 37 (including the number of branches), and the plaintiff's assertion of the purport of the whole pleadings, the defendant alleged to the plaintiff that sold the apartment in the project district of this case to the plaintiff, and the defendant bears the cost of installing the basic living facilities as the project operator pursuant to Article 78 (4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007; hereinafter "former Public Works Act"). However, the plaintiff who is the person subject to measures for resettlement under the above Act had the plaintiff enter into each of the sales contracts of this case under the same conditions as that of the general sale, and caused the plaintiff to pay the purchase price