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1. The Defendant’s KRW 44,338,668 as well as the Plaintiff’s annual rate from September 8, 2015 to January 9, 2019.
Reasons
1. Facts of recognition;
A. The owners of the instant land, including the Defendant and C, owned a total of 16 land owners, including the Defendant and C (hereinafter “owners of the instant land”), intended to remove the existing building on the instant land and build a new apartment house (household 26 households, officetels 12 households) with the size of the two underground floors and the 15th ground surface (hereinafter “instant project”).
B. The instant landowner, on October 28, 201, as the owner of the instant land, was granted a building permit for multi-family housing with regard to the instant land by designating 16 owners and F Co., Ltd. as the owner. Appointment C as the representative of the owners, and C implements the instant project on November 5, 2012, including the completion of business registration with respect to the mutual name “G” as the type of housing construction and sales business on November 5, 201, but some construction for construction of a new building was suspended, and the project was not carried out smoothly.
C. On January 3, 2014, the instant land owners agreed to entrust C and H with the conclusion of the execution execution construction contract and the conduct of sale, etc. relating to the instant project. On June 10, 2014, the instant land owner entered into a trust contract with I and completed the registration of ownership transfer under the name of I as to the instant land.
Since then, the Plaintiff decided to proceed with the instant construction project that was interrupted, and on September 17, 2014, the execution contract (Evidence B No. 1) was drafted with the following content as the parties to C, H, and Plaintiff and J Co., Ltd.:
(hereinafter referred to as “instant contract 1”). A1: (Gu) KRD's representative C2: (Gu) KRD's representative C2: (Gu) KRD's chairperson of the promotion committee for the reconstruction project: Plaintiff [L] 2 (Implementation Company): JJ Co. 1 (Purpose) A, etc., shall be the members of the said project (the representative of residents who was delegated by all the residents) and the other Dong-gu Incheon Metropolitan City.