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1. Each of the pertinent real estate stated in the separate sheet shall be concluded between the Defendants and D Co., Ltd.
Reasons
Basic Facts
D Co., Ltd. (hereinafter referred to as “D”) is the implementer of the construction project for the apartment and commercial buildings in Yongsan-gu, Busan Metropolitan City (hereinafter referred to as “instant apartment and commercial buildings”), and the Grogwa Co., Ltd. (hereinafter referred to as “Keodong Co., Ltd.”) and the promotion enterprise Co., Ltd. (hereinafter referred to as “promotion enterprise”) were selected as the contractor of the instant apartment and commercial building construction project.
D as of July 24, 2007, the sales contract was concluded between Defendant C and D representative director F to sell the apartment of this case 109 Dong 101 (550,670,000 won under the sales contract) instead of paying the existing debt to the above Defendant, and as of September 18, 2009, the sales contract was concluded to sell the apartment of this case with Defendant B and the above Defendant 1202 Dong 1202 and 110 Dong 301 (657,410,000 won under the sales contract, 598,560,000 won) in lieu of paying the existing debt to the above Defendant.
(2) On September 22, 2009, Defendant A transferred the status of the buyer as to each of the instant apartment units on September 22, 2009.
Each sales contract of this case provides that "The price for supply shall be deposited into a designated deposit account in the name of the Special Metropolitan City Construction and Promotion Enterprise, and it shall not be recognized if it is paid in any other way (Article 1 (2))." At the end of the contract, each sales contract of this case has the name and seal of the promotion enterprise.
On September 25, 2009, each of the KRW 10 million in the name of Defendant A and C under the name of Defendant B was deposited in the above designated deposit account, and the sales price in excess was not deposited.
D and the Plaintiff entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with respect to the instant apartment and commercial buildings on November 23, 2009.