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1. The Defendant’s KRW 44,338,668 as well as the Plaintiff’s annual rate of KRW 5% from September 9, 2015 to November 7, 2018.
Reasons
1. Facts of recognition;
A. The owners of the instant land, including the Defendant and D, owned a total of 16 land owners (hereinafter “owner of the instant land”), and owned a total of 97.5 square meters and a total of 398 square meters (hereinafter collectively referred to as “instant land”), in order to remove the existing building on the instant land and newly construct a new 2nd underground floor, 15 cubic apartment buildings (household 26 households, officetels 12 households) on the ground (hereinafter “instant project”).
B. The instant landowner, on October 28, 201, had 16 owners and non-party G Co., Ltd. as the owner, obtained a building permit for the instant land, and appointed D as the owner’s representative, and completed business registration with D as the issue of mutual housing construction and sales business on November 5, 2012, but the instant project was implemented on November 5, 201, but some of the construction works for new construction of a building was suspended, and the project was not carried out smoothly.
C. On January 3, 2014, owners of the instant land agreed to entrust the conclusion of the execution execution contract and the conduct of sale in lots, etc. relating to the instant project to D and Nonparty H, and on June 10, 2014, they concluded a trust contract with I and completed the registration of transfer in the name of I as to the instant land.
Since then, the Plaintiff was to proceed with the instant construction project, and on September 17, 2014, the execution contract was prepared with the following content as a party to D, H, and Plaintiff and Nonparty J Co., Ltd.:
(hereinafter referred to as “instant contract 1”. A. 1: (Gu) KRD 2 of the representative owner of the building owner of the reconstruction association, representative D 2: (Gu) KS 1 of the chairman of the promotion committee for the reconstruction project: Plaintiff B 2 (Implementation Company): Article 1 (Purpose) 1 of the JJ Co., Ltd. 1) of the said project members (the representative of residents delegated by all residents) of the said project.