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1.The judgment of the first instance shall be modified as follows:
The defendant shall receive KRW 32,812,928 from the plaintiff.
Reasons
1. Basic facts
A. The defendant is a cooperative established to promote a reconstruction project of “Blue House”, which is an aggregate building, on the 9,261m2 in Yangcheon-gu Seoul Metropolitan Government, and the plaintiff is a person who was a sectional owner of “Blue House.”
B. 1) The Defendant entered into the instant sales contract (hereinafter “Dong Construction”) on June 18, 2003, Dong-gu Integrated Housing Construction Co., Ltd. (hereinafter “Dong-gu Construction”).
B) On May 20, 2004, the Plaintiff entered into a construction contract with the Defendant to build “D apartment” and the Plaintiff entered into an agreement with the Defendant to purchase D apartment units of KRW 105 million and KRW 402,000 (hereinafter “instant pre-sale contract”).
(2) On November 1, 2004, the construction was suspended due to the bankruptcy of the Dong-gu Construction. 2) On June 8, 2005, the Defendant entered into a contract for construction with the petitioner Construction Co., Ltd. (hereinafter “Petitions Construction”) to construct the “E apartment” (hereinafter “E apartment”). On August 16, 2006, the Plaintiff entered into the sales contract with the Defendant for each real estate of this case (hereinafter “instant sales contract”).
3) At least 99% of the apartment of this case was already completed at around September 2007, and the construction was actually completed to the extent that it is possible to move into the apartment of this case at a certain point, but the approval for use was not obtained due to the invasion of neighboring land and boundary, registration of restriction of rights such as provisional seizure, lack of funds to complete construction, and other various circumstances. 4) From July 2007, the occupancy of the apartment of this case was commenced from around July 2007, and at least 60 households of the defendant's 88 households were paid a contribution and completed the occupancy, and each ownership preservation registration in the name of the defendant was completed due to the commission of the registration of provisional seizure on February 20, 208.
C. The Defendant’s imposition of charges and charges.