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

Defendant B shall pay KRW 1,819,00,000 from the Plaintiff.

Facts of recognition

The status of the plaintiff is a union established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") to implement a housing reconstruction project (project implementation district: Seodaemun-gu Seoul, Seoul, the date of authorization for establishment: October 8, 2008; the date of registration for establishment: November 6, 2008).

Defendant B owned the real estate listed in the attached list of the project implementation district (hereinafter “each of the instant real estate”), but did not consent to the establishment of the said association.

The remaining Defendants are the mortgagee of the establishment registration of a neighboring mortgage as stated in the purport of the claim regarding each of the instant real estate.

On April 10, 2006, the Seoul Metropolitan Government Seodaemun-gu Seoul Metropolitan Government Promotion Committee for the Establishment of the Financial Reconstruction Project Association, the telegraphic body of the Plaintiff Union (hereinafter referred to as the “instant Promotion Committee”) was approved to establish the association by the head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Seodaemun-gu”).

On October 13, 2007, the instant promotion committee held an inaugural general meeting and resolved on the agenda such as the articles of association, partnership officers, and representatives of the Plaintiff association.

The promotion committee of this case applied for authorization to establish the Seodaemun-gu head of the housing and land owner in the improvement zone of this case, along with the consent form for establishing a new association from 246 persons.

The head of Seodaemun-gu, on October 8, 2008, approved the establishment of the Plaintiff Association on the ground that 246 of the housing and 314 landowners in the instant rearrangement zone consented to the consent rate of 78.34%, and at least 3/4 of the owners of land, etc. agreed thereto.

(hereinafter “instant authorization disposition”). D and 42 others filed a lawsuit to nullify the establishment of an association against the Plaintiff on December 18, 2008 (Seoul Western District Court 2008Gahap16530) and the judgment that the establishment of the Plaintiff was null and void on September 3, 2009.

However, the plaintiff appealed against the above judgment, and filed an appeal with Seoul High Court No. 2009Na88442, and the Seoul High Court argued the effect of establishing an association on January 7, 2010.