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. D reconstruction association (hereinafter referred to as “non-party association”) was established on July 14, 2003, and established under the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter referred to as the “ Traditional Markets Act”), etc., and the Seoul Yeongdeungpo-gu E (hereinafter referred to as “Seoul E”) has carried out a project to reconstruct the five underground floors and the 12th floor above the ground and apartment (hereinafter referred to as “instant project site”). The non-party association started the new construction of the instant project upon the approval of the construction permit and the approval of the management and disposal plan on December 30, 2005. (b) On March 2, 2010, the non-party association and the F market G apartment H, concluded a sales contract and paid the sales price (hereinafter referred to as “instant sales contract”). The scheduled date of occupancy in the sales contract was “ April 2010.”

C. However, on June 10, 2013, the non-party union filed a rehabilitation application with the Seoul Central District Court 2013 Ma112, etc., and it became impossible to move into within three months from the scheduled date of moving into the cooperative ( April 2010), C notified on March 14, 2013 of the cancellation of the sales contract by content-certified mail, and on July 4, 2013, filed an application for payment order with the Seoul Southern District Court 2013Da1095 for the cancellation of the contract and the payment order for the total amount of KRW 172,200,000 due to the cancellation of the contract and for the delayed payment thereof.

On July 17, 2013, the above payment order was finalized on August 1, 2013 because the non-party union did not object to the delivery of the authentic copy of the payment order.

On November 29, 2013, the non-party union received a decision of commencement of rehabilitation procedures in the above rehabilitation application case, but received a decision of discontinuation on May 8, 2014.

E. On June 5, 2017, C entered into an agreement with the Plaintiff on the assignment of claims that the Plaintiff and C transfer to the Plaintiff all claims based on the above payment order against the non-party partnership. On June 9, 2017, the Plaintiff was delegated with the power to notify the assignment of claims by C, and the Plaintiff was delegated to the non-party partnership.