1. The part of the judgment of the court of first instance regarding the conjunctive claim against the defendant B shall be revoked;

2. Defendant B Co., Ltd.

1. Basic facts

A. The Defendant Cooperative is a housing reconstruction and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with owners of the said Clue Housing as its members for the purpose of removing the Clue Housing in Gangnam-gu Seoul and newly constructing E apartment (hereinafter “instant new apartment”) at the same time (hereinafter “instant reconstruction project”). On October 22, 2014, the authorization for the establishment of the association was obtained from the head of Gangnam-gu Seoul Metropolitan Government and the said authorization was publicly announced around that time.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract for the execution of reconstruction works with the Defendant Association on September 201, 201 and a contract for the execution of reconstruction works on June 2013 (hereinafter “instant execution agency contract”). At the time of the establishment of the Defendant Association, the said company became a party to the establishment promotion committee because it was prior to the establishment of the Defendant Association.

C. On December 26, 2014, the Plaintiff concluded a sales contract with the Defendant Company with the content that the real estate listed in [Attachment List No. 1] was sold in KRW 4.45 million, and that the real estate listed in [Attachment List No. 2] would be sold in KRW 399,960,000, respectively.

(hereinafter referred to as “instant real estate” by aggregating each real estate listed in the separate sheet, and the said sales contract is called “instant sales contract”). D.

On December 26, 2014, the Plaintiff paid KRW 400 million in total to the Defendant Company as the down payment and intermediate payment according to the instant sales contract.

E. The new apartment of this case promoted by the Defendant Cooperative was not constructed until the date of closing argument of this case.

F. Meanwhile, on June 4, 2015, F, the representative director of the Defendant Company, was sentenced to imprisonment for one year and six months for the crime of violation of the Act on the Punishment of Specific Economic Crimes (Embezzlement) by Sungwon District Court Branch 2013Dahap285, and F, who filed an appeal and a final appeal by F, was dismissed in entirety, and thus, the said judgment of conviction is affirmed.