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1. Revocation of a judgment of the first instance;
2. On March 13, 2012, the Defendant: (a) on the building specified in attached list No. 1, the Plaintiff.
Reasons
1. (i) The Plaintiff was unable to receive the payment from the owner of the instant construction project, while supplying the steel at the construction site of Janion on the ground of 730 square meters (hereinafter “instant land”) from the Seocho-si, Young-si (hereinafter “instant construction project”) owned by E, and was transferred the name of the owner of the building to G around 201.
B. On February 3, 2012, the Defendant: (a) paid KRW 210 million (including the amount including the transfer of the owner and the construction cost by the Plaintiff; and (b) completed the registration of ownership transfer of the instant land in its name on March 12, 2012, by paying KRW 200 million from G; and (c) completed the registration of ownership transfer of the instant land in its name on March 12, 2012.
The performance angle provides that the remainder of the money, excluding KRW 100 million, shall be paid at the time of sale after completion.
On April 4, 2012, the defendant prepared and delivered to the plaintiff a letter of payment with respect to the payment method of KRW 110 million as stated in the above letter of performance. On the other hand, the defendant prepared a notarial deed of KRW 110 million as a promissory note of KRW 10 million (No. 39 of 2012 as the first place office in the Chuncheon District Prosecutors' Office, etc.) to G.
Even after the Plaintiff transferred all the rights to the land and construction of this case to the Defendant, the Plaintiff continued to take charge of the construction work at the construction site of this case, and no separate construction contract was prepared between the original and the Defendant regarding the construction work at the construction site of this case. However, on March 13, 2012, the above Jinininindo (hereinafter “instant building”) signed a sales contract stating the total sale amount of KRW 120,000,000,000,000, and the full payment of the construction work at the construction site of the building of this case, as well as a statement of performance verifying the above contents once again, and on March 13, 2012, the above written certification (No. 5) was prepared by the Seocho Branch Office of the Docheon District Public Prosecutor’s Office, etc. (No. 5) as of March 13, 2012.
(v) the Plaintiff is Changho Corporation.