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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The plaintiff's claim against the defendant A is dismissed.
3...
Reasons
1. Basic facts
A. The CD, along with Defendant A, who is an investor in the construction fund, decided to construct a G apartment 18 household units (hereinafter “instant apartment”) on the F-gun, Gyeong-gun, Chungcheongnam-gun with the actual owner of the building and E (Facilities Business Operator) as the owner of the building in the form of the project.
B. C entered into various contracts for the new construction of the instant apartment under the name of E, which is a de facto owner of the instant apartment building, between August 11, 2013 and August 1, 2014, as the owner of the instant apartment building, between H (TT construction, construction cost of KRW 83,246,59), I (construction cost of KRW 228,164,750), J (construction cost of boiler, construction cost of KRW 50,089,050), and K (D’s floor construction, construction cost of KRW 171,80,000).
In addition, on May 1, 2014, C entered into an entrustment contract with MS Construction Industry Co., Ltd. (hereinafter “MS Construction Industry”) on sale with the total purchase price of 5%, and the MS Construction Industry created a model house 303 out of the apartment of this case and made a sales office 204 out of the apartment of this case, and ceased to sell the apartment of this case at the same time, while performing the sale of the apartment of this case, it was impossible to sell the apartment by exercising the lien of other construction business operators.
C. Upon completion of the instant apartment on July 1, 2014, C entered into a real estate security trust agreement with the Plaintiff and the first beneficiary, the upper beneficiary entered into a real estate trust agreement with the value of KRW 2.3 billion and completed the registration of transfer of ownership based on the land trust with respect to the instant apartment under the name of E on August 12, 2014.
The plaintiff who becomes the first priority beneficiary of a security trust agreement was given a loan of KRW 1.726 billion to E, the one who owns the same day, and was issued a certificate of beneficial interest with the first priority beneficiary from the land trust on October 23, 2014.