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1. The judgment of the first instance court, including the claims modified and expanded in the trial, shall be modified as follows:
The plaintiff.
Reasons
1. Basic facts
A. On September 2008, the Defendant entered into a contract with the Cheongju-si EF building (a collective building) and C’s building as G (specificly, removal of the said D building and remodelling of the said F building) to sell it in lots and to have the development profits divided (hereinafter “instant agreement”), and the main contents are as follows.
(A) “A” means the Plaintiff; “B” means the Defendant; “B” means the development conditions ; “F building” means the sum of loans of KRW 3.5 billion in the value of real estate (land, building) and KRW 2.25 million in total, including community credit cooperatives; - Construction charges and construction design charges, taxes and public charges (loan interest and electricity charges, etc.); and sales expenses shall be settled as the top priority at the time of sale; - J Construction (K): A shall pay KRW 780,000 in cash or substitute for development projects (the first: the date of the contract; KRW 50,000 in total; KRW 30,00 in total; KRW 3.5 billion in total; KRW 3 billion in total; and KRW 3.5 billion in total, KRW 3 billion in total; and KRW 1.450,000 in total, KRW 300 in total; and KRW 1.410,131,209 in total and KRW 1400,000 in total building; and
1. Under the terms and conditions of the settlement of the F building real estate value of 3.5 billion won and the payment of the project cost of 300 million won, L 1/2, the equity right holder of the F building in B, shall be the cycle of “provisional registration right” for ownership.
2. The payment for the remaining price of real estate in the D building is to be made by Gap, and the ownership in the D building is to be preserved and preserved by Gap; and
(after completion of development, Gap and Eul shall have the ownership of the D Building 1/2). The development gains of Article II G shall be as follows:
A and B shall complete and settle the development, as referred to in Article 1, and make the development gains to be 1/2.
B. At the time of the instant agreement, the said F building was registered as the joint ownership of L with the Defendant (one-half shares, respectively), and the share in L’s name was among them.