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1. The Defendant’s KRW 44,338,668 as well as 5% per annum from February 2, 2018 to May 14, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The owners of 16 land, including the Defendant and C, (hereinafter “owners of the instant land”), jointly owned a total of 16 land owners, including the Defendant and C, with D large 97.5 square meters and E large 398 square meters (hereinafter “each of the instant land”), intended to remove the existing building constructed on the instant land along with each of the instant land, and newly construct the main complex building on the second and fifteenth above ground.
B. The instant landowner, on October 28, 201, obtained a building permit for multi-family housing on the instant land by designating 16 owners and non-party F Co., Ltd. as the owner. The instant landowner appointed C as his representative and completed business registration under the mutual name of “G” on November 5, 2012, but the instant project was implemented 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 landowner agreed to entrust the conclusion of an execution and construction contract related to the instant project and the conduct of sale in lots, etc. to C and Nonparty H. On June 10, 2014, the instant landowner entered into a trust contract with I and completed the registration of ownership transfer in 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, a contract for implementation and construction (Evidence A21) was prepared with the following content as a party to C, H, and Plaintiff and Nonparty J Co., Ltd. as a party:
(hereinafter referred to as “instant First Agreement”) A1: (Gu) KRD's representative C2: (Gu) KRD's representative C2: (Gu) KRD's chairperson of the promotion project of the reconstruction project: Plaintiff [L] 2 (Implementation Company): J. 1 (Purpose) 1) A, etc. are the members of the said project (the representative of residents who have been delegated by all residents) and located on the land outside Dong-gu, Incheon Metropolitan City.