1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Basic facts

A. The plaintiff is the plaintiff's apartment of this case, "Seong-gu B and C ground D apartment below" in the Daesung-gu, Daejeon-gu.

On October 11, 2004, the Plaintiff Co., Ltd., the contractor of the new construction project, was merged.

hereinafter referred to as "Plaintiff" only;

B. On December 18, 2003, the defendant is the execution company of the apartment of this case, which is the execution company of the apartment of this case (hereinafter referred to as the "Guol Construction Project").

(3) Of the instant apartment units, 704 of the sales price of KRW 355,379,00 (the contract amount shall be paid in 35,538,000 each on the date of the contract and on December 19, 2003, and the intermediate payment shall be paid in 35,538,000 each on six occasions from February 18, 2004 to October 18, 2005, and the remainder 71,076,000 shall be paid in the time of occupancy.

is the buyer of the purchase in lots.

hereinafter referred to as 'instant sales contract'.

C. The Defendant, around 2003, extended part payments from a national bank for the payment of part payments pursuant to the instant contract for sale in lots, refers to the intermediate payment loan of this case.

At that time, the plaintiff was jointly and severally guaranteed the defendant's intermediate payment loan as the contractor of the apartment of this case.

At the time of this case’s intermediate payment loan loan loan, the Plaintiff and the Defendant agreed that the above apartment is completed and the ownership is acquired between the national bank and the national bank, and that the above apartment is provided as security for the above loan obligation. In addition, at the time of this case’s intermediate payment loan loan loan loan, the franchise construction and the Plaintiff agreed that the loan agreement between the national bank and the national bank

A) Upon entering into a contract, the number of apartment buyers of this case allowed to obtain a loan of a prescribed amount out of the sale price, and the main contents of the loan agreement prepared at the time of the loan agreement are as follows. Article 1 (Purpose of this Convention is to determine the matters necessary for the national bank to deal with the household collective housing financing to prospective occupants of the housing unit to be sold in the capacity of the Plaintiff under construction and contract for construction of franchis, and to the Plaintiff