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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B (hereinafter “B”) is an executor of the business of newly building and selling D stores (hereinafter “instant shopping mall”) on the land surface, i.e., Jung-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and one parcel (hereinafter “B”), and the Defendant is the contractor of the instant shopping mall.
B. On December 16, 2002, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Korea on the sales price of KRW 108,536,540, development cost, and KRW 48,300,00 with respect to the sales price of the instant commercial buildings as to subparagraphs 76 and 77 of the first floor among the instant commercial buildings, and the Defendant signed and sealed the sales contract as the contractor at the time of the instant sales contract.
C. On December 17, 2002, the Plaintiff paid 81,630,000 won in total as the down payment and development costs, and paid 140,900,900,000 won as the intermediate payment received from the National Bank on April 30, 2003, and 25,176,000 won on January 4, 2005, and 43,170,000 won on July 14, 2005, and the Defendant and B concluded an intermediate payment loan agreement with the National Bank on March 31, 2003, and jointly and severally guaranteed the Plaintiff’s obligations to the National Bank.
On the other hand, on December 24, 2002, the defendant entered into an agreement with B, K non-real estate trust company, El branch investment securities company on the financing and fund management of the sales business of this case, including the following matters:
Article 15 Management of sales proceeds and sales proceeds (1) All revenues related to the sales business of this case shall be deposited in the management account of sales proceeds in the name of the disease (hereinafter referring to the K non-real estate trust; hereinafter the same shall apply) (hereinafter referred to as "the management account of this case"). ② The procedures for withdrawing revenues deposited in the management account of this case after the commencement of sales pursuant to the sales business of this case shall be withdrawn upon the written request of "A (the defendant's name)" attached to the consent of "B".
E. B No. 76 after the completion of the instant commercial building.