1. The Defendant B-building housing association shall start on December 2, 2010 for the Plaintiff KRW 644,827,591 and for KRW 5,00,000 among them.

1. Basic facts

A. Defendant B-building housing association (hereinafter “Defendant association”) is the implementer of the business that constructs D apartment on the land outside the Gwanak-gu Seoul Special Metropolitan City and 11 (hereinafter “instant land”). Defendant Lanm integrated Construction Co., Ltd. (hereinafter “Lanm integrated Construction”) entered into a construction contract on January 20, 209 with the Defendant association for the instant project, and the Plaintiff purchased the said apartment unit 101 Dong301 (hereinafter “instant apartment”).

B. On December 1, 2010, the Plaintiff purchased the instant apartment from the Defendant Cooperative as the purchase price of KRW 550 million from the Defendant Cooperative; however, the KRW 50 million out of the down payment of KRW 150 million shall be paid on December 2, 2010, and the intermediate payment of KRW 30 million shall be paid on December 7, 2010, respectively; the payment of KRW 370 million shall be made on December 17, 2010; the remaining payment of KRW 370 million shall be determined after consultation after the completion of the instant apartment; and the sales contract was concluded to pay KRW 20 million in human rights expenses on December 17, 2010, in addition to the purchase price.

On December 2, 2010, the Plaintiff paid the down payment of KRW 5 million to the Defendant Cooperative. On December 7, 2010, the Plaintiff paid KRW 145 million remaining down payment to the Defendant Cooperative, and on December 17, 2010, paid KRW 50 million to the Defendant Cooperative an intermediate payment of KRW 30 million and KRW 20 million.

다. 한편 원고는 2011. 3. 4. 피고 조합과 이 사건 아파트에 관하여 분양대금을 5억 5,000만 원으로 하되, 계약금 1억 5,000만 원, 잔금 4억 원으로 하는 분양계약(이하 ‘이 사건 분양계약’)을 다시 체결하였는데, 이 사건 분양계약서에는 피고 조합이 시행사(갑)로, 원고는 분양자(을)로, 피고 엘빈종합건설은 시공사(병)로 각 기재되어 있고, 그 주요 내용은▣ 재산의 표시 : 서울 관악구 C외 11필지 D아파트 101동 301호 위 표시...