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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim (including the part extended from the trial) is dismissed.
3...
Reasons
1. Basic facts
A. On July 12, 2010, the Defendant concluded a new construction contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for the construction of a multi-household building on the fourth-story and fourth-story land (hereinafter “instant building”) on the following occasions: (a) the construction price is KRW 493 million; (b) the construction period is from July 12, 2010 to October 30, 2010 (hereinafter “instant construction contract”); and (c) the Defendant agreed to sell a house after completion of the construction work to Nonparty Co., Ltd. in lieu of the payment of the construction price.
B. On November 26, 2010, the Plaintiff’s father-E entered into a contract with the Nonparty Company to accept the remainder of the construction work except for the framework construction among the instant construction work (hereinafter “instant subcontract”). From December 201, 201 to February 20, 201, the Plaintiff agreed on December 1, 2010 and the intermediate payment of KRW 180,000,000,000 for the payment of the construction work was paid on December 10, 201 and the intermediate payment of KRW 180,000,000,000 was paid in cash, in lieu of the payment of the sales contract where the sales price was fully paid, and the remainder of KRW 160,000,000,000,000,000 was paid within 2 weeks after the completion of the instant building.
C. Around December 2010, when the instant construction is in progress, the Defendant entered into a contract with F, instead of paying the construction cost, under which subparagraph 201 of the instant building was determined and sold to F, as the sale price of KRW 180,000,000 among the instant buildings, and that F, as the sale price of KRW 180,000,000,000,000 was paid from F on the same day (hereinafter “instant sales contract”).
F When transferring the Plaintiff’s mother and wife G as the buyer under the instant sales contract at the place where the instant sales contract was concluded, F transferred the rights and obligations to the buyer under the instant sales contract to the non-party company instead of the buyer.