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1. Of the judgment of the court of first instance, the part against Defendant A, B, C, E, F, and G in excess of the following order of payment:
Reasons
1. Basic facts
A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) newly constructed and sold I apartment (hereinafter “instant apartment”) which is a multi-family housing with a scale of 3,000 square meters on the land of 169,840 square meters and 34 square meters, Nam-gu, Busan. The Plaintiff is a contractor who received a contract for the construction of the instant apartment from unaccompanied.
B. The Defendants entered into a sales contract on the date of the date of the sales contract or the date of the contract underwriting with respect to each of the corresponding units and units of the apartment units listed below in the table (hereinafter “instant sales contract”) or entered into a contract with the previous buyer to succeed to the status of the buyer (hereinafter “each of the instant sales contract”). Meanwhile, on August 27, 2006, Defendant E entered into a contract under which the above Defendant entered into an option construction with respect to the apartment units sold in lots and pay the price thereof (hereinafter “instant options contract”).
Defendant 107 201 Dong 252,00,000 - B 113 Dong 113 B on October 24, 2005 - C 106 Dong 1803 49,600,000 - May 2, 2005 (or the date of contract acceptance) 104 Dong 2039,60,600,000 - 104 Dong 104 Dong 203630,630,000 on May 2, 2005 ( June 21, 2007)
At the time of each of the instant sales contracts, the Defendants agreed to pay the remainder at the time of occupancy: (i) the first down payment with about 5% of the sales price and the second down payment with about 10% of the sales price or 15% of the sales price in installments; and (ii) the intermediate payment with 60% or 65% of the sales price in installments (in the case of 60% of the sales price, 10% shall be divided per one time, and in the case of 65%, 10% shall be divided into 5% and 15% respectively); and (iii) the remainder is to be paid at the time of occupancy. The main contents of each of the instant sales contracts and the instant options contract are as follows.
[each contract of this case]