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1. The judgment of the first instance court, including the claims extended by the plaintiff B in this Court, shall be modified as follows:
Reasons
1. Basic facts
A. The Plaintiffs, around October 2003, paid KRW 308,000,00 as sales price to D from around 2004 to April 2004, to purchase 440,000, out of the riverwon E and F land (hereinafter “instant land”) on the pen (hereinafter “instant pen”) in which D will be newly constructed. The Plaintiffs paid KRW 308,00,000 as sales price to D from around 204.
B. Around August 2004, the Defendant received a contract from D for the structural construction of the instant pention (hereinafter “instant construction”) from D, and completed the said structural construction around October 2004.
C. The plaintiffs and the defendant filed a complaint against G and H, which are operators of D, for fraud. Accordingly, on May 11, 2006, the plaintiff A, the defendant, I, G, H, and J, which are creditors, agreed on the claims and obligations among them (hereinafter referred to as the "agreement of this case"), and the main contents are as follows.
2. The debtors reimburse the obligees for the payment of the defendant's construction cost and the costs of lawsuit 305,00,000, the plaintiff A's sale price and the costs of lawsuit 318,00,000, and the amount of I's bonds and the costs of lawsuit 287,00,000,000 until September 30, 206. The debtors pay for the obligees until September 30, 2006. The debtors pay for all of the amount of the three obligees, after notifying the obligees, to a person designated by H of the former land owner after notifying them to the obligees.
(Omission) 8. (No debtor may commit any and all of the acts on two buildings newly constructed by the creditor Gap (the defendant referred to as the defendant; hereinafter the same shall apply).
Even if the obligee A performs the construction work on the building, the obligor cannot raise an objection.
In addition, after the creditor Gap completed the two buildings E, the debtors will succeed to the creditor Gap after the additional payment of the construction cost is made.
The debtors shall not use the buildings of E lot number until the time of the payment of claim amount by three creditors.