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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Defendant B, C, D, E, K, L, M, N, and S, J, andO, concluded a construction contract with the Seocho-gu Seoul Metropolitan Government Qgu U Co., Ltd. (hereinafter “U”) on August 4, 2003 to remove the existing apartment houses ( nine households) located on the said site and to newly construct a R apartment (hereinafter “instant apartment”) 12 households on the said ground after the commencement of the construction work. In concluding the construction contract, the U agreed that “U shall pre-sale the apartment units Nos. 101, 601, and 602 among the instant apartment units after the commencement of the construction work to replace the construction cost with the sale price.”
B. T on January 5, 2004, 101 and 602 of the instant apartment building Nos. 101 and 602-1 of the instant apartment building, upon receiving a supply of and demand for reinforced concrete construction among the instant new apartment building construction works with U and U, and entered into a subcontract to be paid as 602 of the instant apartment building. T and U entered into a sales contract on February 26, 2004 with regard to the instant apartment building Nos. 602 (Y as well as T and transferred their shares to T after having participated as the buyer)
(2) On September 1, 2004, U entered into a sales contract of KRW 720 million with respect to the sales price of the apartment of this case 101 with V(U’s audit on the register) on September 1, 2004
C. 1) U on April 18, 2005, due to business management difficulties, P Co., Ltd. (hereinafter “P”) with rights and duties related to the above apartment construction.
(2) The new apartment construction corporation of this case was completed on May 2005, and on July 6, 2005, the registration of preservation of ownership was completed on the owner 11 co-ownership (each share 1/11) of the apartment of this case.
The instant apartment 101 and 602, supra, transferred the right to sell the instant apartment 101, while borrowing KRW 200 million from X on September 23, 2004.
X Concerning the instant apartment No. 101 against V and the 11 owner of the building, the owner of the building was due to the sales contract to V, and V was due to the transfer contract to X.