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1. Of the judgment of the court of first instance, the Defendants are jointly and severally listed in the attached Form “a claim amount and a prize amount table.”
Reasons
1. Basic facts
A. On November 30, 2003, Defendant K representing the Defendants, who jointly owned 7,876m2 (hereinafter “instant land”) such as the instant sales contract and the settlement agreement, sold the instant land under the following conditions: (a) Defendant K sold the instant land to the J Co., Ltd. (hereinafter “J”) by the Plaintiff Intervenor joining the Plaintiff (hereinafter “J”).
(A) The sales price of the instant case shall be KRW 15.7 billion.
(B) The J newly constructs 79 households’ apartment houses on the ground of the instant land (hereinafter the instant construction) and then pays the sales price as the sales price for the said apartment houses.
(2) On May 27, 2004, J decided on May 27, 2004, with the Defendants as project owners, to report the commencement of the construction project for the above multi-family housing. However, the J decided to transfer all the rights to the instant construction, including the construction right, to S Co., Ltd. (hereinafter “S”) during the period when the completion of the construction project was not completed
(3) On November 20, 2005, the Defendants and J agreed to settle the instant apartment houses newly built on the ground of the instant land (hereinafter “the instant apartment houses”) with the instant construction, by taking account of the weather altitude, business progress, profit, etc. performed by the J up to the time instead of taking over all rights to the instant apartment houses newly built by the Defendants.
(A) The settlement agreement amount shall be 14 billion won in total.
(B) The Defendants shall preferentially pay KRW 2 billion to J after paying bank loans and borrowed money to the owner of the building from February 2, 2006 to the sale price.
(4) On December 2, 2005, the Defendants, J and S drafted a joint agreement (Evidence A8) with respect to the fact that S would succeed to the instant construction from J as follows:
(A) The Defendants and S shall lend 3 billion won to J, and shall lend 1 billion won among them as interest-free until December 2, 2005.
(B) S shall undertake the remaining construction works 24.5 billion won.