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1. Of the judgment of the first instance, the part of the judgment against the Defendant ordering payment to the Plaintiff in excess of KRW 50,022,599.
Reasons
1. Facts of recognition;
A. The status of the parties, the details of the contract for sale, and the construction and sale (1) of the new construction and sale (hereinafter “the instant building”) of the building D ground C (hereinafter “the instant building”) in Yeongdeungpo-gu Seoul Metropolitan Government, the first instance codefendant Co., Ltd., Co., Ltd., Ltd. and the joint defendant Korea Urban Development Co., Ltd., Ltd. (hereinafter “Korea Urban Development”) in the first instance trial, and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) received real estate security trust (hereinafter “the instant trust”) from the friendly, and the Korea Asset Trust Co., Ltd., Ltd. (hereinafter “Promotion Savings Bank”) is the first beneficiary of the instant trust.
(2) On July 11, 2004, the Defendant entered into a contract with Postal Co., Ltd. to purchase KRW 1002 from Postal Co., Ltd. to KRW 386,763,00 among the instant building (hereinafter “instant sales contract”). The main contents of the contract are as shown in the attached sheet.
(3) The Defendant paid 232,028,000 won in total as down payment and intermediate payment out of the sale price.
(4) The commencement date of the instant building was July 26, 2004. The construction was discontinued due to the construction process or the executor’s history during the construction process. The letter was much more than 23 months after the commencement of the construction, but it did not notify the buyer including the Defendant of the occupancy designation date, or did not notify the scheduled completion date, or did not report the change of the scheduled completion date, and did not obtain the approval for use.
B. (1) The Defendant borrowed KRW 16,00,000 from the National Bank of Korea (hereinafter “National Bank”) around January 4, 2005 for the payment of intermediate payment pursuant to Article 2(4) of the instant sales contract, and borrowed KRW 77,352,00 from the Promotion Savings Bank designated by Postal on July 18, 2005 at the due date for payment of KRW 17,352,00 from July 18, 2005, at the interest rate of 11% per annum, and at the overdue interest rate of 25% per annum.
The due date shall thereafter be the last one.