1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. Es&C Construction Co., Ltd. (hereinafter “Es&C”) was a project executor and a contractor of the project that newly constructs Atel buildings (a total of 163 households, such as officetels 160 households and three commercial buildings; hereinafter “instant officetels”) with a size of 20 stories above the ground level on the ground of 707m2 in Busan Northern-gu, North-gu, Busan, and the 707m2.7m2.

B. On July 14, 201, S&C entered into a trust agreement with Korea Trust Co., Ltd. (hereinafter “Korea Trust”) for the instant officetel’s sales management and fund management, etc., and commenced the new construction of the instant officetel.

C. On December 24, 2012, S&C entered into a subcontract for construction work of KRW 2,730,750,000 for the instant officetel with respect to the instant officetel, and entered into a subcontract for construction work of KRW 101,102,70,000 for the instant officetel on the same day on the same day, L&C entered into a contract for the supply of an officetel with payment for construction cost of KRW 730,00,000 among the instant officetels.

Since then, on February 14, 2013, the Dogsan transferred the status of the sales contract of Nos. 101 and 201 (hereinafter “instant commercial buildings”) to the Defendant, and around December 30, 2014, notified E&C and Korea Trust of the transfer of the sales right to the instant commercial buildings.

The Plaintiff is a management body formed by the buyers of the instant officetel around September 30, 2013. At the time, the representative was the Defendant who purchased 15 households (except the instant commercial buildings) from among the instant officetels, and S&C, the discontinuance of construction due to the financial shortage, delegated the Plaintiff with the authority to conduct the instant officetel’s business on the same day.

E. In order to resume the interrupted construction, the Plaintiff held a management body meeting around December 2013 to pay to the Plaintiff the share of the construction cost of KRW 3.3 million per each household.