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(영문) 대구지방법원 김천지원 2021.01.08 2019가합16249

추심금

Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. From around 2007 to the owners of P (P) P (hereinafter “P”) Co., Ltd. (hereinafter “P”) from around 207, Q purchased each of the instant land from the Defendants, Kimcheon-si R and its neighboring land (hereinafter “each of the instant land”). During that process, each of the instant land was purchased with a land of 63m2 and 62m2m2 before Kimcheon-si, Kimcheon-si, and had been undertaking a housing construction project for constructing a new house on the relevant ground. However, the aforementioned project was not fully completed due to the free financing of PF to procure the purchase price.

2) P representative Q converted the method of project to establish a regional housing association and implement a housing project. On June 29, 2012, the establishment of a regional association from the Kimcheon-si (U.S.) was authorized by the Kimcheon-si (U.S.) and selected V as a contractor and attempted the project. However, the project could not be completed again due to the issue of securing project costs, etc.

3) Accordingly, around 2013, P Representative Q proposed that each landowner of the instant case, including the Defendants, carry out a new business of constructing collective housing (hereinafter “instant business”) on each of the instant land in the form of a prop joint business. On November 201, 2013, the Defendants, part of which were the Defendants (the initial business was promoted, and the Plaintiffs were dead and were included in W, taking into account the fact that the lawsuit against W was withdrawn, the Defendants are indicated as Defendants for convenience.

On the other hand, the Defendants, on December 16, 2013, entrusted Defendant C with the authority to perform the instant business on behalf of the Defendants, and the preparation work for the instant business began.

On February 1, 2015, the content of the letter of promise to pay the day is to be executed, among the trust earnings (the profits that the Defendants are to receive after the giving of senior pledgee's profits) to which the Defendants, the truster, receive when implementing a joint venture project (multi-family housing project) of the daily source of each land