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1. All appeals by the Defendants are dismissed.
2. Nonparty 2 upon the Plaintiff’s primary claim added by this court.
Reasons
1. Basic facts
A. The Plaintiff Company G Co., Ltd. (1) G Co., Ltd. (hereinafter “Nonindicted Company”)
I Co., Ltd. (hereinafter “J”) around November 2002.
(2) In Yongsan-gu Seoul Metropolitan Government, 19 households (hereinafter referred to as the “instant apartment”).
) The construction period of the new construction was determined by August 2003, the contract amount was set at KRW 5,178,120,000 (excluding value-added tax) and the contract amount was set at KRW 5,178,120,00. 2) The J given a subcontract to the Plaintiff, M&A, etc. part of the new construction of the instant apartment, and on June 15, 2004, transferred to the Plaintiff and M&A a claim of KRW 1,390,380,000 (excluding value-added tax) out of the
The non-party company consented to the assignment of claims.
B. On August 21, 2004, the non-party company completed the registration of preservation of ownership of the apartment of this case, and the non-party company completed the registration of preservation of ownership of the apartment of this case on August 30, 204.
C. P around January 4, 2003, P entered into a sales contract with the non-party company on the following terms: (a) around January 4, 2003, the non-party company entered into a contract for remodeling the building site of the non-party company located in U, Jung-gu, Seoul; and (b) around 2004, P entered into a sales contract with the non-party company and P andO on October 27, 2004.
The non-party company shall sell to P andO the price of 17 households (No. 101, 102, 103, 201, 202, 203, 204, 301, 302, 303, 401, 402, 403, 404, 501, 502, and 503) out of 19 households of the instant apartment.
P andO shall substitute for the payment of the construction cost of KRW 850 million for the non-party company P, and the payment of the intermediate payment of KRW 150 million and the balance of KRW 350 million shall be actually paid. ③ The remainder shall take over the obligations of KRW 5635.6 million for the non-party company 17 households of this case, including provisional attachment, provisional injunction, and collateral security.