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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts are found either in dispute between the parties or in Gap evidence 2-1, 2, 3, 4, 1-1, 1-3, 1-3, 1-2, 1-2, 1-2, 1-2, 1-2, 1-2,
A. The non-party Incorporated Foundation D (hereinafter “D”) is a corporation that has conducted a charnel project on land E and F (hereinafter “the instant charnel”) in Yangju-si.
Plaintiff
A Co., Ltd. (hereinafter referred to as the “Plaintiff Co., Ltd.”) is a company established by restructuring around February 26, 2010 with a limited liability company G, which performs part of the construction of a new charnel house in this case.
Plaintiff
B is an investor in the instant charnel project.
The defendant is a bank that loaned 12 billion won to D in connection with the instant charnel project on May 2009.
B. On July 4, 2011, the creditors of the Plaintiffs, the Defendant, and other D agreed to sell the instant charnel house in lots to repay their obligations to the Plaintiffs and creditors including the Defendant, etc. with the proceeds from the sale of it in lots. The following contents are as follows: ① (a) a tentative H foundation corporation to operate the instant charnel house and to sell it in lots (the existing foundation or the newly established foundation) refers to the tentative H foundation corporation (Article 2 of the Agreement); and (b) the parties to this Agreement have the tentative H foundation conclude a contract to underwrite their obligations against the Plaintiffs, etc. (Article 5(6) of the Agreement; (3) the proceeds from the sale of charnel are deposited only in the fund management account established in the name of the Defendant “H foundation” (Article 9(1)); and (4) the Defendant shall pay the remainder of the proceeds from the sale in lots to the Plaintiffs (including the first-order foundation expenses, the interest of the Defendant’s claims, the interest of the Plaintiff’s damages for delay in the distribution of the construction price to the Plaintiffs (the remainder of the construction price).