1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 214,204,169.

1. Basic facts

A. The Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009 and became the defendant; hereinafter referred to as the "Defendant") is a project proprietor who newly constructed and sold seven apartment complexes of 270-3, Gyeongcheon-si and 491 households (hereinafter referred to as the "the apartment of this case") on the ground of 270-3, 270-3.

The plaintiff is an autonomous management organization that consists of the representatives of the above seven occupants of each Dong for the management of the apartment of this case.

B. On April 3, 1996, the Defendant obtained approval for the housing construction project plan pursuant to Article 33 of the former Housing Construction Promotion Act (amended by Act No. 5138 of Dec. 30, 1995; hereinafter “former Housing Construction Promotion Act”) with respect to the total of 11 and 760 households, including the 7-dong and 491-dong and 4-dong and 269-dong and 19-dong and 760 households of the instant apartment complex (2-dong and 49-dong and 269 households of the instant apartment complex).

C. The housing construction project plan for the apartment of this case was completed, and finally, 39 households out of 491 households were determined as housing units for sale, and 452 households were built as rental housing units.

In 199, the defendant completed the apartment building of this case on the ground of 270-3, that was, around August 28, 1999, and had undergone a pre-use inspection, and has managed the apartment building of this case as a rental business operator under the Rental Housing Act.

E. The defendant, from November 1, 2004, sold a rental house to a lessee, etc. for sale in lots among the apartment of this case, "sale in lots" means selling a rental house to a person who is not a rental business operator.

(Article 2 subparagraph 6 of the Rental Housing Act), which began on November 22, 2004, was first converted for sale in lots.

F. On June 30, 2006, the Defendant transferred the management of the instant apartment to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The former Rental Housing Act amended by Act No. 5228, Dec. 30, 1996

(c).