양수금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. From around 2007, L Co., Ltd. (hereinafter “L”) representative M has purchased each of the instant lands from the owners of Kimcheon-si N and neighboring land (hereinafter “each of the instant lands”), and has promoted a housing construction project that newly constructs a new house on the ground. From around 2013, the Defendants, including the Defendants, proposed that each of the instant land owners, including the Defendants, promote a project that constructs a new apartment house on each of the instant lands (hereinafter “instant project”) in the form of a prop joint project, and around November 2013, the Defendants, some of which were the Defendants, accepted it and started preparation for the instant project.
B. On December 16, 2013, the Defendants delegated Defendant B with the authority to perform the instant business on behalf of the Defendants.
(c)
1) On June 10, 2015, the Defendants and the consignee Co.,O (hereinafter “O”), and P Co., Ltd. (hereinafter “P”) entered into an agreement on the sale-type land trust for the instant project (hereinafter “three-party agreement”). Accordingly, the Defendants and theO entered into a sale-type land trust agreement, and theO and P entered into a contract on the new construction of an apartment on each of the instant land.
2) On June 16, 2015, Defendant B entered into a separate performance agreement on behalf of the Defendants regarding P and New Apartment Construction on behalf of the Defendants.
(d)
1) On March 28, 2017, the Defendants and P entered into a contract with the Defendants to respectively set up a pledge on the right to benefit under a trust agreement entered into between the Defendants and O to secure KRW 10,105,662,294 in the amount equivalent to the loans to the Defendants of P, in order to cover KRW 7,90,000,000, the amount equivalent to the loans to the Defendants of P, and thereafter agreed on KRW 22,359,628,513 in the aggregate of the construction cost and the loans of the instant project on December 24, 2018. < Amended by Act No. 15093, Jul. 2, 2019; Act No. 15093, Dec. 24, 2018; Act No. 15094, Jul. 2, 2019>