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1. Defendant B shall pay to the Plaintiff KRW 153,00,000 as well as 12% per annum from August 13, 2019 to the date of full payment.
Reasons
1. Basic facts
A. (1) The execution of the instant trust contract, etc., of the instant housing site development project after the Busan Seo-gu D land, Defendant B was assigned a new land number to the Busan Seo-gu K.
(hereinafter “instant land”) was the owner of the instant land.
(2) Around 2011, Defendant B obtained the approval of the housing project plan from the head of Busan Haba (hereinafter “the head of the Gu”) in order to implement the business (hereinafter “instant apartment project”) that newly constructs and sells E Apartments with the size of 49 households on the ground level 1 and 10 stories above the instant land (hereinafter “instant apartments”).
(3) Defendant B received a loan of KRW 4.9 billion from F and G Co., Ltd. (hereinafter the above two H banks collectively referred to as “instant H banks”) by project financing for the purpose of raising project costs, including construction costs, for the implementation of the instant project.
(4) On November 9, 2015, Defendant B entrusted the instant land to Defendant B with I (hereinafter “I”), and entered into a management-type land trust agreement with the J Co., Ltd. (hereinafter “J”), whereby the contractor is a financial institution and the first priority beneficiary as the instant H Bank, and completed the registration of transfer of ownership on the same day to I for the same day.
(5) Under the instant trust contract, the project undertaker of the instant project plan has been approved by the head of the Gu, upon filing an application with the head of the Gu around January 7, 2016, for the modification of the project plan from Defendant B to I.
B. On March 31, 2016, the Plaintiff’s claim against Defendant B (1) L Co., Ltd. (hereinafter “L”) concluded a contract to accept a subcontract for interior works among the instant apartment construction works ordered by the J from Defendant B, with the cost of construction KRW 190,00,000, and the construction period from March 31, 2016 to June 30, 2016.