1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Grounds for claim;

A. Of the claim for construction cost against the Defendant, Co., Ltd. and K Construction (hereinafter “AD Construction”), each of the claim of KRW 21,400,000 was acquired, and is not so.

Even if the plaintiffs exercise the right of subrogation for the defendant of the case construction in order to preserve their claim against the case construction.

B. Since condominium memberships paid in kind by the Defendant to the NAD Construction are null and void because they do not have to confirm trust companies, the validity of payment in kind is extinguished and the claim for construction price is restored.

C. Therefore, the defendant is liable to pay each of the plaintiffs 21,400,000 won and damages for delay.

2. Facts of recognition;

A. On May 2, 2013, the Defendant: (a) on May 2, 2013, contracted the construction of C (hereinafter “instant construction”) for the construction period from May 2, 2013 to May 30, 2015; and (b) on a price of KRW 4.4 billion; and (c) entered into a special agreement as follows:

(hereinafter “instant contract” (hereinafter “instant contract”) . Article 5 (Termination of Construction and Waiver of Construction Works) 1) of the instant contract may be terminated if it is determined that the instant contract cannot be completed any longer due to the circumstances of excess construction in cases where construction is suspended for more than 10 days or it is determined that the instant construction cannot be completed.

(4) In preparation for the contents of paragraphs (1), (2) and (3), construction in excess shall be substituted by a letter of waiver of construction at the time of the contract to the defendant, and in the future, by a letter of waiver of construction submitted at the time of the contract without submitting a separate letter of waiver of construction.

Article 7 (Methods of Payment for Construction Works) (1) 30% in cash, and 70% in lots (in the case of a substitute, condominium membership) shall be paid separately after the commencement of the construction of this case by mutual agreement between both parties.

B. On May 2, 2013, case construction: (a) drafted and awarded to the Defendant a letter of waiver of construction as follows (hereinafter “instant letter of waiver of construction”).

1. Dud Case Construction is insolvent, bankrupt or other matters.