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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 9,916,450 as well as its full payment from September 23, 2008.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 9 (including paper numbers), Eul evidence 1, and the whole purport of the pleadings:
In order to remove existing old and inferior apartment units in the zone of 68 lots, such as Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and to reconstruct new apartment units, the reconstruction housing association which obtained authorization for the reconstruction housing association under the Housing Construction Promotion Act from the head of Seodaemun-gu on March 29, 1995 from the owners of each land and buildings, including the plaintiff, in order to remove the existing old and inferior apartment units within the zone of 68 lots, including Seodaemun-gu, Seoul. The reconstruction housing association which obtained authorization for the reconstruction housing association under the Housing Construction Promotion Act from the head of Seodaemun-gu on March 29, 1995. The defendant is the non-corporate group of the non-party association that owned the main apartment 1 bonds in the above zone (18.1 square meters) and the plaintiff is a non-corporate group that conducts the management affairs of the above apartment, such as imposing
B. On June 8, 1996, the non-party association obtained the approval of the project plan from the head of Seodaemun-gu in Seoul, and passed a management and disposal plan on September 7, 1997. On December 18, 1997, the non-party association notified the union members to enter into the sales contract on December 26 or 27, 1997 and entered into a sales contract with most union members. On May 18, 200, according to the articles of incorporation, the non-party association allocated A apartment units, units, and flat punishment to each union member by lot, and the defendant was allocated A 103-dong A 103-dong 904 (hereinafter “the apartment of this case”).
C. Treatment Co., Ltd., which received the construction contract of the apartment of this case from the non-party partnership, was newly constructed an A apartment and obtained a provisional approval from the head of Seodaemun-gu Seoul on August 31, 200, and the non-party partnership determined the occupancy period from August 30, 200 to September 29, 200.