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1. Defendant B and D jointly share KRW 130,000,000,000 to the Plaintiff and their related thereto from June 20, 2012 to January 14, 2015.
Reasons
1. Facts of recognition;
A. The Defendants and 11 owners of land from Pyeongtaek-si M to N (hereinafter “each of the instant lands”) are the owners of 22 lots of land from Pyeongtaek-si M to N.
B. From May 31, 2006 to October 31, 2006 with respect to each of the instant lands, theO entered into a contract for civil engineering works consisting of KRW 495 million with respect to each of the instant lands from May 31, 2006 to October 31, 2006. On November 27, 2006, Q and Q and Q agreed to modify the said contract into a contract under the same conditions.
C. Around 2007, O determined the cost of civil construction work that had been invested in each of the instant land at a level of KRW 300 million and urged Q to pay the cost of construction, and received the amount of KRW 130 million from Q as the cost of construction.
C From May 31, 2006 to December 31, 2009, with respect to civil engineering works of each of the instant lands between Defendant D and the construction period of construction, the contract was concluded between Defendant D and the contract amount of KRW 1,04,500,000 of the contract amount.
(hereinafter referred to as “instant contract”). Defendant D is indicated in the said contract as “the representative of the branch owner”.
E. On the other hand, around April 27, 2007, Defendant B drafted and issued a payment note to the effect that “The amount of KRW 600 million for the civil construction cost of Pyeongtaek-si M or R among each land of this case is to be paid at the time of financing. It does not infringe on Defendant B’s property right other than the amount of financing.” Defendant D, on March 7, 2008, shall pay the amount of KRW 600 million for civil construction cost by May 30, 2009.”
F. On September 10, 2010, a voluntary decision to commence the auction was rendered on each of the instant lands (this court S), and on September 7, 201, theO reported the right under a lien with respect to the civil construction cost of each of the instant lands as the secured claim at the executing court.
G. Around March 22, 2012, T purchased each of the instant lands in the auction procedure, and C, around March 22, 2012, to receive 130 million won to T and waive the right of retention.