1. Each appeal filed by the plaintiff and the defendant is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff Cooperative’s purpose is to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) on a scale of 59,694 square meters in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu (hereinafter “instant improvement project”) with the approval of establishment from the head of Seodaemun-gu on September 1, 2008 and the same month.

4. A housing redevelopment and rearrangement project partnership that completed the registration of incorporation, and the Defendant owned two debentures on the ground of Seodaemun-gu Seoul Metropolitan Government D, E, and F (hereinafter “Defendant-owned buildings”) located within the instant rearrangement project zone and was a partner who consented to the instant rearrangement project at the time of the establishment of the Plaintiff Cooperative.

B. On October 16, 2009, the Plaintiff obtained authorization from the head of Seodaemun-gu to implement the project that newly constructs 11 units of multi-family housing in the instant rearrangement project zone from the head of Seodaemun-gu to newly build 809 units of multi-family housing in the instant rearrangement project zone. The Plaintiff obtained the approval for the management and disposal plan from the head of Seodaemun-gu

C. On December 15, 2009, the Defendant filed an application for parcelling-out with the Plaintiff Association for a housing size of 59 square meters.

On the other hand, the defendant delegated all acts such as the execution of purchase procedures and the sale and purchase contract to the head of the plaintiff's association to purchase the state-owned and public land owned by the defendant's building over twice on December 15, 2009 and August 16, 2010, which are state-owned and public land D, E, and Gu maintenance, which are the state-owned and public land owned by the defendant, and the down payment was made by the financial institution.

E. On September 2, 2010, the Plaintiff Union concluded a sales contract with the Korea Asset Management Corporation on behalf of the Defendant, Seodaemun-gu Seoul, and paid the down payment of KRW 7,280,000 with respect to D, 2,453,380 with respect to indemnity, and the down payment of KRW 49,200 with respect to indemnity, KRW 43,100 with respect to indemnity, and ② on behalf of the Defendant on July 11, 2011, concluded a sales contract with Seodaemun-gu and Seodaemun-gu Seoul, Seoul, and paid the down payment of KRW 13,603,200 for down payment, KRW 12,628,80 for intermediate payment, KRW 748,450 for indemnity.

Since then, when the defendant did not conclude a contract for the sale of goods with the plaintiff union, the plaintiff union will undertake the above state-owned, public and old part payments.