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1.The judgment of the first instance shall be modified as follows:
The defendants are jointly and severally liable to the plaintiff for 4,327,676,087.
Reasons
1. Basic facts
A. A Housing Redevelopment Promotion Committee for Zone A (hereinafter “instant promotion committee”) was organized for the purpose of establishing an association to implement housing redevelopment and improvement projects (hereinafter “instant project”) with one project zone in Busan Dong-gu P, Busan as its business area. On November 11, 2005, the Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A”) was established with the approval of establishment from the head of the Dong-gu Busan Metropolitan City (hereinafter “Defendant Association”).
B. On May 18, 2003 and June 13, 2003, the Plaintiff was selected as the contractor of the instant project at the residents’ general meeting of the instant promotion committee, and on October 10, 2003, entered into a contract with the instant promotion committee for housing redevelopment projects in A zone (hereinafter “instant construction contract”). The main contents are as follows.
Meanwhile, at the time of entering into the instant construction contract, Defendant D, who was the chairman of the instant promotion committee, was the vice-chairman of the instant promotion committee, and Defendant E, F, G, H, I, J, K, Q, Q, Q, M, N, andO (hereinafter “N”) who was the member of the instant promotion committee, and Defendant E, F, G, H, I, I, J, K, Q, Q, M, N, and other Defendants, who were the vice-chairman of the instant promotion committee at the time of entering into the instant construction contract.
Article 3 (Principle of Implementation of Projects)
1. A (the instant promotion committee) shall secure 100% ownership and right to use the land of the Dong-gu Busan Metropolitan City Pne-gu Busan Metropolitan City, which is the final and conclusive area for the last project implementation approved by the head of the competent Gu due to the designation and public notice of the zone A, and shall not interfere with the schedule of the project, such as commencement and sale of construction works of B (Plaintiffs), and Gap shall pay the construction cost in accordance with the provisions of this contract and reimburse the loans, etc. borrowed from B.
2. Eul shall aim at constructing multi-family housing excluding the installation area of public facilities (road, park, etc.) on a site subject to a project of Gap;