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1. The defendant,
A. 16,932,696 won to Plaintiff A, 94,279,455 won to Plaintiff C, and 122,838,540 won to Plaintiff D and each of the above.
Reasons
1. Facts of recognition;
A. The Defendant and the Defendant Co., Ltd., Ltd., an unaccompanied Comprehensive Engineering Co., Ltd., Ltd. (hereinafter “unaccompanied”) newly build and sell I apartment (hereinafter “instant apartment”) which is an apartment house with a scale of 3,000 households on the land of 169,840 square meters on the land of 34,000 square meters, Nam-gu, Busan (H) and 34,000 square meters (hereinafter “instant apartment”).
On November 17, 2004, the Defendant was awarded a contract for the new construction of the apartment of this case with no consignment, and entered into an agreement with no consignment (hereinafter “instant execution agreement”) before selling the apartment of this case.
The main contents pertaining to this case in the above execution agreement are as follows:
Article 1 (Purpose)
1. The operator of the party project is the operator of the party project, and the defendant transfers to the defendant the actual status as the operator of the party project or the operator of the party project for the smooth execution of the party project, and the defendant concludes this implementation agreement with a view to receiving the status of the unaccompanied and receiving the status of the operator by paying the unaccompanied and the cost of the project to be invested in the future, and performing the role as the operator.
Article 4 (Business Profits and Losses) All profits and losses arising from all decision-making and projects for the promotion of the project, such as the sale price, timing of sale, design, finish, and item for items to be purchased by the Plus, shall be borne by the defendant and shall not have any right in relation to the project except for the payment of the expenses under Article 2 and the settlement of the expenses under Article 3 and the expenses under Article 8, and no objection shall be raised against the defendant.
B. The Plaintiffs entered into a sales contract with Defendant-free, directly entered into a sales contract or transferred the status of the purchaser from the pre-sale purchaser as to each of the corresponding units of the apartment of this case, as stated below in the following.
(c).