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1. Of the judgment of the court of first instance, the part against the defendant exceeding the next order of payment shall be revoked.
Reasons
1. Facts of recognition;
A. Since around 2007, H entered into a sales contract between the Defendant and E with respect to the purchase of all of the F apartment first and third 35 households in Gangnam-gu Seoul, Seoul, and the removal of the 1st 35 households and the new construction of the loan, the Defendant acquired the above project implementation right and carried out the project. 2) The Defendant representative director I entered into a contract for the purchase of the 10 households among the 35 households in the F apartment.
3) On March 31, 2011, Nonparty Company No. 1101 of the 11st floor of E and Gangnam-gu Seoul Metropolitan Government F apartment No. 11 (hereinafter “instant apartment”).
(4) On December 10, 2012, the Defendant concluded a sales contract with E and the instant apartment purchase price for KRW 3.7 billion (hereinafter “instant sales contract”). On the same day, E concluded a sales contract with a non-party company to purchase the instant apartment at KRW 3.7 billion (hereinafter “instant sales contract”).
B. On January 19, 2012, the Plaintiff entered into an exchange contract with the non-party company and the non-party company on January 19, 2012, the Plaintiff entered into a contract with the non-party company to exchange one bond of the Han-ro building that will be constructed on one unit of the non-party 49 lots of the apartment and the non-party company, the ownership of the non-party company, the non-party company, and set the exchange price at KRW 750 million, respectively. 2) Accordingly, on January 27, 2012, the Plaintiff completed the registration of ownership transfer on the ground of the exchange contract with the non-party company on January 27, 2012, but the non-party company failed to perform its duty under the exchange contract.
On January 16, 2013, the Plaintiff obtained from the Seoul Central District Court a provisional attachment order with the claim amounting to KRW 750 million against the non-party company E with respect to the non-party company E’s claim amounting to KRW 750 million, and completed the registration.
(c) between the Plaintiff and E.