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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 4, 2009, the Plaintiff received a contract from the Defendants for the construction of multi-household housing on the land of Jongno-gu Seoul Metropolitan Government F large 1806 square meters (hereinafter “instant land”) as “2.15 billion won for the construction cost,” “2.5 billion won for the commencement date of the construction work,” “date of the commencement date,” and “date of the completion date, June 30, 2010.”
(However, the Plaintiff and Defendant B were awarded a contract for the construction of a new multi-household house on the instant land by purchasing the instant land and intending to build a new multi-household house, and selling the instant land to the Defendants.
On the other hand, the Defendants purchased the instant land under Defendant B’s name and concluded a joint agreement with the Defendants to newly construct and sell multi-household houses on that ground.
(B) On October 14, 2009, after the conclusion of the contract, the registration of ownership transfer was completed in the name of Defendant B with respect to the instant land.
The Plaintiff completed the above-mentioned multi-household building and obtained approval for use on November 17, 2010.
[Ground of recognition] The fact that there is no dispute, Gap's 2 through 5 evidence (including a paper number; hereinafter the same shall apply), the purport of whole pleading
2. The parties' assertion and judgment
A. The Defendants did not pay the remainder of the construction cost to the Plaintiff, even after the completion of the Plaintiff’s instant construction work. Therefore, the Defendants did not modify the purport of the claim (which was prepared to modify the purport of the claim, but did not subsequently alter the claim (which was prepared to amend the claim), while the Defendants received payment of KRW 1.85 billion out of the construction cost of KRW 2.50 million to the Plaintiff, KRW 297,300,000,000,000,000,000,000 from the construction cost of KRW 2.15555 billion to the Plaintiff).
. Payment of the amount stated in the claim.