분양대금반환
1. The defendant shall pay to the plaintiff A 567,290,000 won and each of the above amounts to the plaintiff B, C, and D.
1. Under the underlying facts, the following facts do not conflict between the plaintiffs and the defendant, or may be acknowledged by taking into account the whole purport of the pleadings in the descriptions of Gap evidence Nos. 1 through 10, and Eul evidence Nos. 1 and 2.
On August 28, 2003, the non-party E Co., Ltd. (hereinafter referred to as the "E") entered into a representative agency contract (hereinafter referred to as the "representative agency contract of this case") with the defendant on the ground of the ELD Securities Co., Ltd., the loan institution, the NewNun Mutual Savings Bank, the trust company, and the defendant, in order to execute G construction and sale business (hereinafter referred to as the "the business of this case", and the building newly constructed as a result of the business of this case) on the ground of the YY-si, the non-party E Co., Ltd. entered into a real estate management trust contract (hereinafter referred to as the "management trust contract of this case").
B. The main contents of the instant agency contract are as follows.
Article 1(1)(E) The purpose of this Agreement is to: (a) determine the duties to be delegated to E (Defendant) in constructing and selling G on the F-Si, Seocheon-gu, Seocheon-si, Seoul Special Metropolitan City; (b) clarify the powers, the roles of Byung (ELD Securities Co., Ltd., Ltd., and New Innuri Mutual Savings Bank) and the scope of duties of Eul; and (c) ensure the stable repayment of all claims held by Eul to Eul in accordance with the loan agreement; and (d) facilitate progress of the Project.
Section 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows, and shall have the same meaning as the terms defined in the loan agreement and/or the real estate management trust agreement (for security trust) unless otherwise defined in this Agreement:
3. The term " proceeds from sale in lots, etc." means proceeds from sale in lots in G, such as down payment, intermediate payment, balance and the overdue charge of buyers, interest income, refunds to the taxation division related to this project, withdrawals from loans made by A pursuant to the loan agreement and other loans made by B.