All appeals by the Defendants and the Prosecutor are dismissed.

1. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts are acknowledged.

A. K apartment reconstruction and rearrangement project association (hereinafter “the instant association”) was built on the ground of 38,026 square meters in Dongdaemun-gu Seoul Metropolitan Government L-gu.

For the reconstruction of 21 units, including 18 apartments and 3 Dongs in K, the reconstruction association is authorized to establish the association on April 27, 2002 and on August 20, 2002 by the head of Dongdaemun-gu Seoul Special Metropolitan City (hereinafter "head of Dongdaemun-gu") on August 20, 2002.

B. On August 19, 2004, the instant association obtained authorization for the implementation of the project from the head of Dongdaemun-gu and passed a resolution on a management and disposition plan (hereinafter “the first management and disposition plan”) by holding an extraordinary general meeting on November 20, 2004 (hereinafter “the extraordinary general meeting of 2004”) through the public announcement of sale in lots and the procedures for application for parcelling-out, and obtained authorization from the head of Dongdaemun-gu on January 7, 2005 (hereinafter “the first management and disposition plan”).

(c)

The instant association entered into a contract with Hyundai Construction Co., Ltd. selected as a contractor on December 23, 2004 and completed occupancy after obtaining authorization of completion on August 14, 2007.

(d)

Meanwhile, some of the members of the instant association filed a lawsuit seeking confirmation of invalidation of the first management and disposition plan (hereinafter “relevant administrative litigation”) with the Seoul Administrative Court 2007Guhap 36374.

On November 21, 2008, the above court did not have any evidence to acknowledge that the union of this case notified the members of the general meeting while holding an extraordinary general meeting in 2004. Thus, the resolution of the above general meeting is null and void. Ultimately, the first management and disposal plan is established without the resolution of the general meeting. ② In relation to the commercial building in the first management and disposal plan, the contents stipulated in Article 48(1) of the Act on Non-Inclusion of Urban and Residential Environments, which were being enforced at the time, include the contents stipulated in Article 48(