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1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 1,674,876,540 from the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a regional housing association established to carry out a housing construction project with the Daegu Suwon-gu C Ildong as a project implementation district pursuant to the Housing Act and its Enforcement Decree, which is a company that carries out a housing construction project for constructing a new apartment building of the fourth floor, the 59th floor above the ground, an apartment building of the 59th floor above the ground, officetels, and auxiliary facilities. The Defendant is the owner of the real estate indicated in the attached list in the project site of this case (hereinafter referred to as “instant real estate”), and only the land is the owner of the instant land, and only the building is the building (hereinafter referred to as “instant building site”).
B. The Defendant paid the purchase price under the previous trading agreement (1) on July 9, 2014 (hereinafter “D”).
B) As regards the sales price of the instant real estate, KRW 1,700,000 (a contract deposit of KRW 170,000,000) sales amount and KRW 680,000 (a contract deposit of KRW 170,000,000) sales amount and KRW 850,000,000 after the payment of the down payment and KRW 850,000,000 after the payment of the intermediate payment, each payment shall be made at the time of confirmation of the completion of life within 2 months after the payment of the intermediate payment (hereinafter “former sales agreement”).
(2) In light of the fact that there is only D’s address, representative director, and the company’s seal at the time, and that there is no “non-party 1 company” at the time, it is reasonable to view the purchaser of the previous sales agreement of this case as D. 2) on December 29, 2014, when considering that the purchaser stated “non-party 1 company” as “non-party 9” in the previous sales agreement of this case, the purchaser of the previous sales agreement of this case is also the Defendant.
3 In accordance with the previous transaction agreement of this case, Plaintiff 3: (a) KRW 170,00,000 for the Defendant on January 12, 2015; (b) KRW 170,000,000 for the intermediate payment on June 12, 2015; and (c) KRW 170,00,000 for the intermediate payment on June 2, 2015.