1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

1. Basic facts

A. On September 11, 2002, 18 households, who were the co-owners of land in Songpa-gu Seoul, including the Plaintiff and the Defendant, resided in the E-Ba, were to remove the above sub-loan and to construct the F apartment of the 18th generation on the underground floor and the 7th generation on the ground (hereinafter “the apartment of this case”), and to establish G reconstruction association (hereinafter “the association of this case”).

B. Around May 2003, the instant association entered into a construction contract with H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) with respect to the construction of the instant apartment between May 26, 2003 and June 30, 2004 with respect to the construction of the instant apartment, with the construction period of KRW 1,604,40,000, respectively, under the name of the said co-owners, including the Plaintiff and the Defendant.

C. Around that time, the instant cooperative held a general meeting on February 6, 2007 to determine the total amount of contributions as KRW 2,408,900,000, and accordingly calculated each member’s contribution. According to this, the Plaintiff’s contribution was KRW 120,000,000, and the Defendant’s contribution was KRW 158,70,000.

While the construction of the apartment in this case was delayed for several years due to multiple circumstances, the non-party company filed a lawsuit against 16 co-owners of the above co-owners, including the plaintiff and the defendant (However, from the death of the deceased I, J and K had taken over the above deceased), as Seoul Eastern District Court 2008Gahap16002, and on June 5, 2009, the decision to recommend settlement (hereinafter referred to as the "decision to recommend settlement in this case") that "the co-owners, including the plaintiff and the defendant, jointly and severally pay to the non-party company the amount calculated at the rate of 938,247,532 per annum and 5% per annum from September 21, 2006 to the day of full payment."

E. After that, the non-party company implemented the compulsory purchase procedure with respect to the instant apartment No. 303, which was owned by the plaintiff among the instant apartment, based on the decision on the recommendation for reconciliation of this case, and KRW 130,569,782 on January 8, 2010.