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1. The judgment of the first instance, including the primary claim that has been changed in exchange at the trial, shall be modified as follows:
Reasons
1. Basic facts
A. F Co., Ltd. and E Co., Ltd., and Defendant D) F Co., Ltd. (hereinafter “F”).
CW Co., Ltd. (hereinafter “CW”) on April 24, 2001
CW’s apartment, G, and 15 above ground H-lease (hereinafter “the apartment of this case”) are “the apartment of this case”, which was executed by CW.
(iii) the whole project rights of the new construction project (hereinafter referred to as the “instant project rights”).
(2) On December 26, 2001, the Plaintiff acquired the instant apartment site and obtained the approval for change of the name of the project undertaker, and on January 17, 2002, E Co., Ltd. (hereinafter “E”) and Defendant D agreed to acquire the instant apartment site under the instant project right and new construction between F and F on July 20, 2005, including the project cost (including expenses) incurred prior to the date of the said contract.
(3) After July 28, 2005, the instant apartment was divided into 215 households, and the registration of initial ownership was completed in the name of F on December 27, 2005. (4) E and Defendant D paid to F the total sum of KRW 80 million on July 20, 2005, KRW 50 million as part payment between July 28, 2005 to January 3, 2006, and KRW 100 million as part payment under the remaining terms and conditions as of January 6, 2006.
5 In order to clarify the balance, etc. under the agreement made on July 20, 2006 between E and Defendant D on July 6, 2006, with a view to receiving KRW 250 million, which was not paid out of the balance of KRW 400 million from E and Defendant D, and simultaneously taking the procedure to transfer the ownership of the apartment in this case to E and Defendant D, and securing the proceeds of the sale of the apartment in this case after obtaining a loan from the financial institution within 30 days from the date on which E acquired the ownership of the apartment in this case from the financial institution, and securing the proceeds of the sale of the site in this case and the construction cost, after deducting KRW 80,000,000,000,000 from the down payment of KRW 31,10,000,000,000 from the intermediate payment, and KRW 50,000,000,00.