1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company with the objective of construction business. The Defendant is a reconstruction association established with the owner of 12 households with the total number of 12 households and the owners of 8 household units with the total number of household units with the total number of household units with the total of 12 households for the purpose of implementing a new construction business (hereinafter “instant construction business”) of the 3rd underground and the 5th ground-based complex building in Jung-gu, Seoul and the 3rd underground and the 5th ground-based complex building (hereinafter “instant complex building”).

B. The conclusion of the instant construction contract and its progress 1) The Defendant, on July 25, 2008, leased a construction license from the Plaintiff, shall J Co., Ltd. (former trade name: N Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”).

(2) From September 30, 208 to March 30, 2010, the construction period of the instant construction was set and contracted to the non-party company. The construction cost was paid to the non-party company by the Defendant’s members at a total of KRW 2.32 million, and additionally, the non-party company entered into an agreement with the non-party company in the form of “fixed shares” in which the ten households and the entire ownership of the instant residential complex among the instant residential complex buildings are transferred to the non-party company instead of paying the remainder of the construction cost. (2) On July 2014, the non-party company changed the construction period of the instant main complex building by installing stairs inside the first floor of the instant residential complex building without obtaining an approval for the change of the project implementation, and the competent authority ordered the Defendant association to remove the above sub-story building (hereinafter “the instant reinforced construction”).

3) Although the instant main complex building was completed in the early May 2015, it was not removed from the dunes, and thus, it was not approved for use by the competent authorities until now. (C) The Defendant was between the Plaintiff and the Plaintiff on August 22, 2014 to construct the instant reinforced building and obtain approval for use.