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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 1, 201, regarding each real estate (each of the instant real estate) listed in the separate list of facts, the registration of the establishment of a neighboring mortgage was completed by the obligor, the Defendants, the maximum debt amount of KRW 120,000,000, as stated in Article 2278, regarding each of the instant real estate (each of the instant real estate) on November 1, 201.
[Reasons for Recognition: Facts without dispute]
2. The assertion and judgment
A. On April 201, 201, the Plaintiff agreed to implement the Naben and removal project, which is the developer of the redevelopment project of Eunpyeong-gu Seoul and 43 lots of land, for the Seochoman.
For the above construction work, the Plaintiff and the Defendants invested KRW 30,00,000 in each of 30,000, and acquired a stock company E holding a license for the structure dismantling work, and changed to the name of F Co., Ltd., Defendant C, Defendant B’s representative director, Defendant B’s auditor, and Plaintiff’s mother were in charge of in-house directors, and the Plaintiff established and operated the company.
Since then, the Plaintiff was awarded a subcontract for the removal of obstacles from the G Housing Complex Construction Work with the G Housing Complex Foundation, and the Plaintiff and the Defendants first agreed on the distribution of the acquisition amount of corporation KRW 60,000,000 (for the Defendant, KRW 30,000,000) and the profit distribution amount of KRW 80,000 (for the Defendant, KRW 40,000,000) with respect to the profit accrued from the said removal work with respect to the profit accrued from the said removal work.
After that, there is no revenue from the commencement of the construction project, and the Plaintiff completed the registration of the establishment of the neighboring real estate of this case owned by the Plaintiff’s mother in order to secure the payment of KRW 80,000,000 to the Defendants.
On May 21, 2012, the Plaintiff transferred FF to the Defendants, and the Defendants transferred FF to a third party on September 4, 2012 and recovered all investments.
Therefore, the Plaintiff’s obligation to distribute profits to the Defendants was extinguished on May 21, 2012, and the instant case.