1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Basic facts

A. The party-related Plaintiff was established on October 24, 2006 by the head of the competent Gu on September 7, 2007 for the purpose of implementing a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the instant rearrangement project”) by making the Seoul Dongdaemun-gu Seoul Metropolitan Government 3,282 square meters as the project implementation district, and is a housing redevelopment improvement project partnership established on September 7, 2007 with the approval for the implementation of the project. The Defendant was the Plaintiff’s member.

B. 1) On October 16, 200, the Defendant issued a disposition imposing indemnity (hereinafter “instant land”) on the land owned by the Republic of Korea, Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, and 65.2 square meters (hereinafter “instant land”).

(2) The head of Dongdaemun-gu imposed indemnity amounting to KRW 40,573,270 on the ground of the State Property Act, based on the State Property Act, etc., on the following grounds: (a) the head of Dongdaemun-gu imposed indemnity amounting to KRW 40,573,270 on the Defendant on the ground that the Defendant has used or has used the instant land without permission.

C. On July 14, 2009, when the Plaintiff’s partnership head borrowed and paid indemnity money and the purchase of land in possession on behalf of the Defendant and other government-owned or public-owned land occupant, E is merely a part of the entire association members, and thus, in order to borrow the entire indemnity under the name of the association, the association members subject to imposition of indemnity money are merely a part of the entire association members and must undergo a resolution at the general meeting of association members, but the “written request for loan under the State-owned or public-owned land contract

2) Following the submission of a loan agreement with the Corporation on August 17, 2009 (hereinafter “instant loan agreement”) without a resolution of the general meeting of partners.

(2) Upon entering into a contract, the Plaintiff borrowed the State-owned land, indemnity, and purchase cost in the name of the Plaintiff, and appropriated the total amount of KRW 5,882,075,843 to the State-owned land loan account in the balance sheet. 2) The Plaintiff on June 19, 2009.