1. Of the judgment of the first instance, the part against the Defendant ordering payment to the Plaintiff in excess of KRW 39,055,758.

1. Facts of recognition;

A. Status of the parties, conclusion of sales contract, content of execution 1) Seoul Yeongdeungpo-gu Seoul Metropolitan Government D Building (hereinafter “instant building”).

) New construction and sale projects (hereinafter “instant projects”)

2) As to the first instance court’s joint Defendant 1, Co., Ltd. (hereinafter “Co-Defendant 1”)

) The executor and the Korea Urban Development Corporation (hereinafter referred to as “Korea Urban Development”);

) The Corporation is the Corporation and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is the Corporation.

) The real estate security trust (hereinafter referred to as “instant trust”) shall be

(1) The trustee is the trustee, and the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is the trustee.

(2) On January 10, 2005, C entered into a contract with Postal Co., Ltd to purchase KRW 608 from Postal Co., Ltd. to purchase KRW 325,95,000 among the instant buildings (hereinafter “instant sales contract”) as the priority beneficiary of the instant trust. The main contents of the contract are as shown in the attached sheet.

3) On April 12, 2006, the Defendant acquired the rights and obligations of the instant sales contract from C. 4) The Defendant paid the total sum of KRW 179,290,000 as down payment and intermediate payment out of the sales price.

5) The commencement date of the building of this case was July 26, 2004. The construction was suspended due to the construction or the implementation company during the construction process. While 23 months have long elapsed since the commencement of the construction, friendlys, including the Defendant, notified the date of designation of occupancy or did not notify the scheduled change date, or did not complete the construction work, and did not obtain approval for use. (B) The Defendant borrowed 65,200,000 won from the National Bank of Korea (hereinafter “National Bank”) around February 16, 2005 for the payment of intermediate payment from the intermediate payment pursuant to Article 2(4) of the sales contract of this case, as stipulated in Article 2(4) of the sales contract of this case. (3) of the sales contract of this case, the Defendant borrowed 97,790,000 won from the National Bank of Korea (hereinafter “National Bank”) on April 13, 2006 from the promotion savings bank designated by friendly on April 13, 2007.