사업비 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, along with the Plaintiff, promoted the new construction project (hereinafter “instant apartment”) that newly constructs apartment 9 units and ancillary welfare facilities (hereinafter “instant apartment”) on the 55-10 and 13 lots of land in South-gu, Nam-gu, Nam-gu, Namyang-si. The Plaintiff entered into a contract for the first construction project on February 20, 207 with Defendant Gold-gu, Inc. (hereinafter “Defendant Gold-gu”) and the final contract for the alteration of the construction project on November 26, 2009.
B. On April 30, 2009, when the project site of this case was included in the urban renewal acceleration district of Namyang-ju, the Plaintiff and the Defendant had concluded an agreement on August 10, 2009 with the content that, instead of excluding the project site of this case from the above urban renewal acceleration district, the Plaintiff and the Defendant would bear KRW 7,428,00,000 of the cost for the installation of infrastructure facilities in the urban renewal acceleration district of the discharge fraternity (hereinafter “instant installation cost”) and with respect to the cost for the installation of alternative facilities related to Goyang-do as to the cost for the installation of alternative facilities, the costs for installation of the final consultation with the competent unit are calculated and presented at the Namyang-ju city.
(hereinafter “instant agreement”). Meanwhile, at the time of the conclusion of the instant agreement, the Plaintiff et al. prepared a written confirmation confirming that the amount of project costs under the said agreement is fully borne by the Plaintiff et al. according to the contract for contract modification concluded on February 20, 2007.
C. On November 26, 2009, the Plaintiff et al., the Defendants, the Plaintiff et al., and the Korea Bank (hereinafter “Korea Bank”) concluded a management-type land trust agreement with the truster, Defendant Asian Trust Co., Ltd. (hereinafter “Defendant Asian Trust”) as the trustee, the instant project site, and the new apartment as the trust real estate (hereinafter “instant trust agreement”), and the Defendant Gold Industry as the contractor and the second priority.