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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 20 million and the Plaintiff the full payment with respect thereto from April 8, 2016.
Reasons
1. Facts of recognition;
A. On May 14, 2012, E, the owner of the land F, G (the administrative district is the same, and only the parcel number shall be indicated for convenience) in the Gangseo-gu Seoul Special Metropolitan City F, and G land (hereinafter “instant construction site”) sold H (H or L) owned by E, D (after division into M), J, S, U, etc. (hereinafter “instant construction site”), and C entered into a contract with the Plaintiff to transfer the said 12 households out of the said apartment house to the land price after the construction completion of construction of 24 households in the apartment house.
B.O is carrying out a new construction of multi-household housing (hereinafter “instant construction”) by dividing the instant construction site into four parts (i.e., H, ② I, U, D, and D, and Y, ④ J and S). Under the understanding of E, H in the said construction site for convenience in the construction, Q, I, and U completed the registration of ownership transfer in P, D, and Y in the future.
C. However, the O’s financial situation was omitted and the instant construction was suspended, and the O introduced the Plaintiff and the Defendant to the person who will undertake and execute the said construction to E, the Plaintiff, the Plaintiff, the Defendant, and W agreed to transfer the instant construction site to E by November 6, 2013, the Plaintiff, the Defendant, and W, and the 12 households of multi-household housing until August 30, 2014, and the O, the Plaintiff, the Defendant, and W agreed to waive all rights and return the land, etc. to E by May 15, 2014.
After that, the name of H in the instant construction site was changed to C on November 13, 2013, the Plaintiff’s wife, D on the same day, and I on the same day, and U on February 17, 2014, respectively.
E. On November 29, 2013, the Plaintiff and the Defendant established X, a housing construction company, Inc. (the representative director, the Plaintiff’s director), I (after the change of parcel number and land category), and multi-household housing in U.S. on land.