1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

1. The facts following the facts do not conflict between the parties, or based on Gap evidence 1-1, Gap evidence 2-1-4, Eul evidence 4-3, Gap evidence 8-54, Gap evidence 10-1 through 7, Eul evidence 16-1 through 7, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 7-1, 3, 44, Eul evidence 9-1 through 9-13, Eul evidence 1-2, and Eul evidence 1-2, Eul evidence 8-1, 3, 44, Eul evidence 9-1 through 9, Eul evidence 13, some testimonys of witnesses of the first instance trial, and the whole purport of the arguments. A.

On February 13, 2003, the defendant, as a reconstruction association established for reconstruction of Mapo-gu Seoul apartment (hereinafter in this case, the apartment building of this case), entered into a contract for the construction work of this case with Daewoo Construction Co., Ltd. as a contract for the whole construction of the new apartment (hereinafter in this case). On October 1, 2003, the plaintiff entered into a contract with the defendant to purchase the commercial building of this case collectively (hereinafter in this case) around November 16, 2003 by participating in the bidding procedure for the general sale of the first floor and the first floor of the apartment of this case (hereinafter in this case, the commercial building of this case) as the successful bidder on November 16, 2003.

B. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant agreed to determine the construction of a commercial building in accordance with the design drawings attached to the contract, and to determine the construction method and degree of the construction of the first floor surface of the instant commercial building, such as the access stairs, beams and beams, and the handling of the part adjacent to the commercial building, in accordance with the specifications attached to the contract. Of the design drawings, the lower level of the first floor surface of the instant commercial building (hereinafter the contract drawings) was indicated respectively as EL-3,570, EL-3,570, EL-3,820, EL-4,130, and the lower level of the report part was indicated as EL-3,570, EL-3, 820, EL-4,130.