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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
. As the deletion of Article 30-2, the above rental apartment unit 25 units were converted into general sales, and the general sales unit was to be simultaneously sold with 33 units.
In addition, among the profits that enter the above 25 households into the general sale, the remaining profits, excluding the above 25 households' construction cost of 3.9 billion won, were to be diverted to the construction cost, such as windows.
② On March 16, 2010, G operated by the Defendant entered into a subcontract agreement or a sales agency agreement on the window 113 household units for the instant apartment construction among the instant apartment units with the cooperative members, and the main contents thereof are as follows:
[Contract for the Subcontract of Construction Works and Sales Agency Contract]
5. Details of F reconstruction association (O) entry and contract details of sales fees: 25 households of rental apartments (specific units of housing).
(a) Costs of rental apartments: 3.970 million won, standard construction costs;
(b) Rental apartment sales commission: 70 million won;
C. The sum of the 1.0 billion construction cost of a union member 13 households* the sum of the 1.0 billion construction cost of a union member : the sum of the 5.04 billion construction cost of a union member : the sum exceeding 5.0 billion won shall be paid in G.
7. Payment method of construction expenses and payment method of sales commission (1) Total amount of F reconstruction association (O) deposit: An amount exceeding 5 billion won shall be paid immediately upon request of G.
(2) Total sum of payments: 5 billion won (3) : 477,776,890 (b) 522,223,110 won shall be paid in the amount of the construction cost for each member of paragraph C of Article 5 (1) (1.0 billion won per member of the 113 household construction cost):
③ On April 5, 2010, G decided to perform the interior works of the foregoing construction works, G subcontracted the original part of the said construction works to K, Inc. (hereinafter “K”), which is operated by the complainant, and in order to secure the payment of the construction costs, G drafted a “agreement on the repayment of the construction costs in lieu of the payment for the said twenty-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-one-one