1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. B reconstruction association (hereinafter “B”) implemented a market reconstruction project on the size of 4,144.3 square meters in Jung-gu, Seoul and Jung-gu, Seoul, where the land for the Dongdaemun C market was located, and implemented a new construction project of “F” commercial buildings with the size of 2 underground floors and 18 stories above ground (hereinafter “instant commercial buildings”).

B. On May 14, 2008, the Plaintiff entered into a comprehensive enforcement agreement with the non-party union on the instant commercial building construction project, and entered into a lease sale agreement with the Defendant to lease and sell two old units of the instant commercial building underground floors (hereinafter “instant lease sale agreement”).

[F Building Lease Contract] Article 1 (Indication of Rental Real Estate) (1) The subject real estate is as follows:

The target store: The scheduled date of occupancy of the second underground floor (3.9 square meters for the exclusive use area of one unit): December 2009 (it may be changed according to the process, and the period of saleroom occupants may be thereafter notified).

(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

(2) The sale price shall be 43,50,000,000 rental deposit 38,500,000 rental deposit, excluding the rental deposit, and the sale price shall be paid by the 25th day of the designated month in installments as follows. The value-added tax shall be separately imposed on the sale price excluding the rental deposit:

Value-added tax shall be levied on the sales price, excluding rental deposit, the payment rate of the Gu's payment date (cost) rental deposit.