1.The judgment of the first instance shall be modified as follows:

The defendant shall be the 4,691,496 won and the Appointor to the plaintiff (appointed party).

1. Basic facts

A. The construction of the L building (1) is a commercial building consisting of 5 underground floors and 10 underground floors, 5 underground floors to 4 underground floors, 5 underground floors to 4 underground floors, 5 underground floors to 6 underground floors, 6 to 10 underground-based specialized restaurants, and 6 to 10 underground facilities.

(2) The Cine Construction Co., Ltd. (hereinafter “Cine Industry Development”) and Cineman Co., Ltd. (hereinafter “Cineman”) completed the instant building on February 28, 2006.

B. (1) The part from the first to the fifth above ground among the buildings in this case (hereinafter “instant commercial building”) was divided into a total of 1,884 stores and registered for sale and purchase. Based on August 207, 1,146 stores (the distribution share ratio among the commercial buildings in this case calculated on the basis of the sale price shall be 52.01%; hereinafter “the distribution share ratio”) among them shall be indicated as the distribution share ratio calculated on the basis of the sale price in general. The commercial buildings in this case are classified by individual stores and registered for sale, but the parties concerned are expected to use the entire commercial building as an integrated price from the beginning of sale and to allocate expenses and profits based on the distribution share ratio of each store among the total sale price in this case. The parties to this case and Defendant also claim that the distribution share ratio calculated on the basis of all of the sale price should be based on rent, deposit, non-deposit charges, and the ownership transfer registration of each of the aforementioned 3 owners (hereinafter “owner”).