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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) promoted the business of constructing and selling collective housing (hereinafter “instant business”) from April 2007 to Ulsan-gu E (hereinafter “Y”). Around January 18, 2008, D Co., Ltd. (hereinafter “H”) borrowed KRW 95 billion from G et al. (hereinafter “existing lender group”) under the joint and several guarantee of F Co., Ltd. (hereinafter “instant lender group”), and completed the registration of ownership transfer regarding approximately 51% of the instant business site (hereinafter “instant existing site”), and paid down payment to the owner of the other land (hereinafter “the instant remaining site”). Around January 18, 2008, D Co., Ltd. (hereinafter “H”) concluded a security trust contract for the instant business site and the building on the said ground.
B. On April 2013, Ulsan Metropolitan City Mayor returned D’s application for the above approval on the ground that D did not supplement the deficiencies of the existing housing construction project plan regarding the instant project. On May 27, 2013, the previous lender of the instant case requested D to proceed with the public auction procedure on the instant existing project site, etc. as to D’s loss of benefit due to D’s failure to pay the principal and interest of loan and interest of D’s failure. On June 24, 2013, H conducted the public auction procedure on the instant existing project site, etc. on June 24, 2013, but failed to meet the fourth public auction.
(B) Paragraph (2) of this case. In carrying out the new construction of apartment houses to be built in the Nam-gu J of the Nam-gu Seoul Special Metropolitan City of the first construction contract of this case, the Defendant Company and the Plaintiff, the contractor, enter into a conditional agreement as follows:
Article 2 【Scale of Construction for Project Implementation】 Contents of “Scale of Project” are as follows:
(1) The name of a project: Ulsan K Newly built project site. (2) The site area: 49,860 square meters in Nam-gu, Ulsan-gu. (4) The total building area: 182,573.84 square meters in size.