1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. Co-owners, including the Plaintiff, of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government J 370 square meters and of the K 1,038 square meters, concluded a reconstruction project agreement with P Co., Ltd. with the representative director on May through June 2003 after forming a partnership (it is a partnership under the Civil Act that did not obtain authorization to establish a partnership) in order to remove existing buildings on each of the above sites and reconstruct an officetel building.

(hereinafter “The instant reconstruction contract”). According to the instant reconstruction contract, the newly constructed officetels was sold to the association members by lot first, and the remaining households were sold to the general public by lot on behalf of the association members by the P Co., Ltd. and allocated the proceeds of sale to the general public (non-union members).

B. The E Co., Ltd. (hereinafter “E”) whose representative director is the Plaintiff, followed the status of P Co., Ltd. under the instant reconstruction contract and carried out the reconstruction project of the Seoul Mapo-gu Seoul Mapo-gu J site and K site (in the process of carrying out the project, it appears that the Seoul Mapo-gu Imbol and Lban 173m2m2 is incorporated into the said project area).

(hereinafter “instant reconstruction project”). C.

E on June 27, 2006, F and the real estate of this case were sold to 301,68,000 won (i.e., 16,608,000 won + 124,472,000 won + 16,608,000 won + 16,608,000 won + 144,000,000 won for mutual aid).

On February 4, 2009, in the process of the instant officetel construction, C.C. filed an application with the Seoul Western District Court 2008Kahap2317, the Seoul Western District Court rendered a provisional decision prohibiting the instant real estate disposal.

The registration of ownership preservation was completed on April 9, 2009 due to the entrustment of registration pursuant to the above decision, under the name of the union members, including the Plaintiff and F, the owner of the instant officetel, and the Plaintiff and F. The registration of ownership preservation was completed on the portion of 1/46 each in the future.

(e) E shall pay the construction cost to G on August 30, 2011.