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1.The judgment of the first instance shall be modified as follows:
Among the instant lawsuits, the 11,439,184 won of the damages for delay is claimed.
Reasons
1. Basic facts
A. The status of the related parties, eM&D Co., Ltd. (hereinafter referred to as eM&D) is a company that constructs and sells “C” officetels building (hereinafter referred to as “instant building”) on the ground of 27,612m3m2 in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu (hereinafter referred to as “the instant building”), and the Korea Urban Development Corporation (hereinafter referred to as “Korea Urban Development Corporation”) is a contractor that receives a contract for the construction of the instant building (hereinafter referred to as “the instant construction”), and the Korea Asset Trust Co., Ltd. (hereinafter referred to as “Korea Asset Trust”) is a trustee who received a real estate trust from eM&D in relation to the instant sales business, and the Korea Asset Trust Co., Ltd. (hereinafter referred to as “Promotion Savings”) is a priority beneficiary of the said trust.
B. 1) B, on December 11, 2004, purchased KRW 903 out of the instant building from J&D as the sales price of KRW 334,963,00 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).
A) The Plaintiff entered into a sales contract and thereafter acquired the status of the sales contract in this case from B. The scheduled date of the occupancy in the sales contract: 23 months after the commencement of the contract (the scheduled date of occupancy may be somewhat changed according to the process, and the accurate date may later be called “A” and the buyer refers to “B” and the “B” shall be called “B” and the “B” shall be called as “B” for the development of the city in Korea as follows. Article 1 (Sales Price and Payment Method A shall be sold in lots by the following means:
The intermediate payment of KRW 16,748,00 for the installment payment of KRW 16,748,00 for the first installment of the down payment, the down payment of KRW 16,748,00 for the second installment of KRW 16,748,00 on December 11, 2004, the first installment payment of KRW 33,496,00 on December 25, 2005, the second installment of KRW 33,496,000 on December 33, 2005, the third installment of KRW 33,496,000 on April 33, 2005, the fourth installment of KRW 43,496,000 on April 25, 2005, the remainder of KRW 5,000 on November 33, 205,496,000 on November 25, 2005.