1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The status of the party is the Housing Redevelopment and Improvement Project Association established to implement the Housing Redevelopment and Improvement Project in Suwon-gu D, Suwon-si, Suwon-si, and C is the person who was the plaintiff's member, and the defendant is the wife of the above C.

B. A resolution to convert a bid bond paid by the contractor and refusing to cooperate in withdrawal of deposits by C) around September 12, 2009, the Plaintiff announced a public announcement for the selection of a redevelopment project project contractor. At the time, the Plaintiff demanded the contractor participating in the tender to pay in cash the bid deposit amount of KRW 4 billion. 2) The Plaintiff opened an account (Account Number E; hereinafter “instant account”) in the name of the ten members of the National Bank of Korea (hereinafter “National Bank”) for the fair management and execution of the bid bond paid by the bidder, and made it possible to withdraw the deposit only in the case where all the ten members of the joint names are signed and sealed.

3) Sco Construction Co., Ltd. (hereinafter “Sco Construction”).

(2) On October 12, 2009, the Plaintiff paid KRW 4 billion to the instant account with bid deposit on October 12, 2009. On October 31, 2009, the Plaintiff held a general meeting to select a contractor and finally decided to select a contractor among the participating companies in the bidding (However, this resolution was confirmed by the Suwon District Court Decision 2010Na14929 Decided May 20, 201).

(4) After that, the Plaintiff appropriated the bid bond for the expenses of the general assembly, etc. and converted the bid bond into the instant account by setting the items of lending and lending (1,813,714,98 won) on July 23, 2010, after the Switzerland Construction was selected as the contractor.