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1. All appeals filed by the defendant and the independent party intervenor are dismissed.
2. The costs of appeal shall be the defendant.
Reasons
The principal lawsuit and the intervenor's lawsuit shall be considered together.
1. Basic facts
A. The Defendant is a housing reconstruction project association that obtained authorization from the head of Gangnam-gu Office on May 26, 2010 to reconstruct B apartments located outside Seoul Gangnam-gu and two parcels.
B. The Plaintiff was the Defendant’s member who owned the said B apartment Nos. 37 and 1004. Around March 29, 2013, the Plaintiff borrowed KRW 490,000,000 from the National Bank as a loan for moving expenses for the reconstruction of an apartment, setting the loan period from March 29, 2013 to November 1, 2016.
C. After December 4, 2013, the Plaintiff and the Defendant paid 95,769,465 won as a partner’s contribution (i.e., 64,498,090 won interest on the Plaintiff’s moving expenses paid by the Defendant, and other KRW 31,271,375 for the Defendant’s project expenses). The specific method of paying the contribution is 19,154,000 won as the down payment at the time of a contract (20%) and the intermediate payment is paid as the down payment, and the intermediate payment is paid as the intermediate payment on March 12, 2014;
A partner apartment supply contract (hereinafter “instant apartment sale contract”) was entered into with the content that the E Apartment No. 101, 1801, which will be newly constructed on the same site (hereinafter “instant apartment”). D.
On April 1, 2016, prior to the occupancy of the instant apartment, the Plaintiff entered into a sales contract with the Intervenor to sell the right to sell the instant apartment to the intervenors as follows (hereinafter “instant sales contract”).
The purchase price shall be KRW 1,150,000 (a contract deposit of KRW 100,000,000 shall be paid and received at the time of contract and/or an intermediate payment of KRW 150,000,000 shall be paid on May 13, 2016: 90,000,000 shall be paid on July 15, 2016) loans of KRW 490,000,000 shall be paid and cancelled by the seller until the outstanding payment date. This contract shall be 37,004,000,000,000.