1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. On August 10, 2015, the Co-Defendant B Co-Defendant B Co-Defendant B (hereinafter “B”) awarded a contract for the construction of an FF apartment on the ground (hereinafter “instant construction”) with the Plaintiff on August 10, 2015, subcontracted the instant electrical construction among the instant construction to the Plaintiff at KRW 126,50,000 (including surtax).

B. On December 7, 2016, B entered into an agreement with the Plaintiff to settle the unpaid construction cost of KRW 90,700,000 and pay it within 60 days from the date of the completion of the building (hereinafter “instant agreement”). The co-defendant C, Defendant D, and E (hereinafter “Defendant owner”) of the first instance trial, who received a building permit for the said apartment, jointly and severally guaranteed the instant contractual obligation.

C. On May 25, 2017, the owner of the instant construction entered into a contract with H, the representative director of the Plaintiff, to sell the I apartment units J (hereinafter “instant sales contract”) at KRW 420,000,000 for the payment in lieu of the construction cost of electric installations and machinery and equipment (contractor: G Co., Ltd.) during the instant construction project (hereinafter “instant construction contract”), and the said I apartment units obtained approval for use on May 31, 2017.

The Plaintiff filed the instant lawsuit seeking the implementation of the instant agreement after cancelling the instant sales contract on February 20, 2018, as the owner of the instant building failed to perform the obligation under the instant agreement while the Defendant did not perform the instant sales contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 3, 11, Eul evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An agreement to be given in lieu of the payment of the price of the construction in lieu of the payment in accord related to the contract is made by a collateral method for the preservation of the claim and existing obligations upon the completion of the registration of ownership transfer of the real estate;