1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The status of the parties (1) B Co., Ltd. (hereinafter “B”) is to carry out the business of constructing and selling one unit of the main complex building (hereinafter “D”; hereinafter “instant building”) on the land outside Jongno-gu Seoul Metropolitan Government and 61 lots (hereinafter “instant business”).

(2) The Hanjin Industries Co., Ltd. (hereinafter referred to as the " Hanjin Heavy Industries") is the starting works of the instant business.

③ The Plaintiff is a financial institution that loans part payments for the sales contract to the buyers who signed the sales contract with B for the instant building, and the part payments for the sales contract with B.

④ The Defendant is a buyer who signed a sales contract with B for the instant building No. 323.

B. 1) B’s implementation of the instant project is as follows: The Hanjin Industries on August 12, 2002, the Hanjin Heavy Real Estate Trust Co., Ltd. (hereinafter “New Trust”) (hereinafter “New Trust”).

B) The Plaintiff and the Plaintiff entered into a development project agreement (hereinafter “instant development project agreement”) with the purport that “the Han Heavy Industries on the project site secured by the Plaintiff’s loan will newly construct and sell the instant building.” The main contents of the instant development project agreement are as follows (B), “B”, “B”, “B” and “B” refer to the Hanjin Heavy Industries; “B” refer to the Plaintiff, respectively.

(i)Article 4 (Business Apportionments and Cooperation Obligations A, B, C, and P.I.D.) of the instant development project agreement (for the successful completion of the project and the normal repayment of the loan, their respective duties are shared and co-operateed in good faith and the responsibilities arising therefrom.

(2) Roles and duties of A

1. To secure ownership of the entire project site referred to in Article 3, and to order the possessor who is likely to cause any trouble to this project;

4. The obligation to pay interest by the time when the intermediate payment to the buyer is promoted and the transfer of ownership is transferred to Byung all the project site: Provided, That in case of B and C, the obligation to pay interest shall be active in preserving the obligation of the intermediate payment financial institution.