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1. The judgment of the court of first instance is modified as follows.
Defendant C shall pay 80,000,000 won to the Intervenor succeeding to the Plaintiff and this.
Reasons
1. Basic facts
A. On June 2004, the Plaintiff entered into a contract with Defendant C and Nonparty D to purchase all the rights, such as the Plaintiff’s purchase of K apartment (former name: L apartment: L apartment; hereinafter “instant apartment”) on the land of the above eight lots, including authorization and permission, acquired by the F in order to newly construct K apartment (former name: L apartment; hereinafter “instant apartment”). The intermediate payment substituted the Plaintiff’s acquisition of the collateral obligation of the existing collateral security established on the above eight lots of land by substitution for the part of the Plaintiff, and the value was KRW 750,000,000,000,000 (five hundred and fifty hundred five million,00,000,000,000,000).
B. On April 19, 2007, the Plaintiff transferred KRW 80 million to the bank account under Defendant C’s name.
C. Defendant C’s agreement, such as the agreement between Defendant C and G, (hereinafter “Defendant C”), and “G”, agree as follows with respect to Party B’s obligations and the shares in the L Apartment Building in Changwon City.
1. The debt up to the period of Gap's debt against Eul shall be determined as KRW 190 million by adding the principal and interest of KRW 160 million to KRW 30 million.
2. It evaluates and agrees to assess the price of 1/3 of the 1/3 equity interest in the whole L Apartment Building Underground H and underground I as KRW 350,000,000.
3. (Settlement 1) A transfers to B the right to claim ownership transfer registration of the above apartment site that the price of the land as a prop of the above apartment site would be received by A in lieu of the price of the land. (ii) B pays to A the amount limited to KRW 160,000,000 from the appraised value of the above 2 commercial buildings.
3 The obligation to pay the above settlement prohibition is postponed until the lease contract becomes final or the sales contract becomes final after the completion of the above commercial building.
except that.