A. The Plaintiff is a truster of the sales of the new apartment building B and C on the 44th parcel of land in both countries, and the Coscisco asset trust for the Coscisco is an executor and a trustee.

B. On November 16, 2009, D entered into a contract for the purchase of C apartment units 102 Dong 304 (hereinafter “instant contract for the sale of apartment units”) from the said company with the Cocco asset trust (hereinafter “instant contract for the sale of apartment units”). On December 9, 2011, D transferred the right for the sale of apartment units to the Defendant.

C. Upon the conclusion of a loan contract between the Korea Exchange Bank and the Defendant, the Plaintiff paid 21,351,358 won as loan interest and 762,62,620 won as house financing guarantee fee to the Defendant by the day immediately before the date of occupancy.

As to this, the Defendant agreed to repay the amount of the substitute payment to the Plaintiff or the Coco asset trust by the date of occupancy in the instant sales contract.

(Article 6. d. of the sale contract)

The trust contract for the newly built apartment sales business between the Plaintiff and the Cococo asset trust was terminated on November 2013, and the Plaintiff cancelled the instant sales contract on the grounds that the Defendant would not pay any balance thereafter.

【Ground for Recognition: Each entry in Gap evidence Nos. 1 through 8, and the purport of the whole pleadings】

2. Determination:

A. The Plaintiff asserted that the Plaintiff succeeded to the rights and obligations under the instant sales contract from the Coco Assets Trust as a settlement agreement upon termination of the trust contract. The Defendant’s cancellation of the instant sales contract due to the Defendant’s failure to pay the remainder. As such, the Defendant is obligated to pay the Plaintiff penalty, delayed payment, and intermediate payment interest paid by the Plaintiff, and housing finance guarantee fees, to the Plaintiff.

B. (1) Judgment (1) Damages for delay of penalty: Each of the evidence Nos. 7 and 8, which dismissed, is only recognized that the Plaintiff comprehensively succeeded to the rights and obligations pursuant to the sales contract, etc. with a third party upon termination of the trust contract.