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(영문) 인천지방법원 2019.05.22 2018가단237113

채무부존재확인

Text

1. The Plaintiff’s construction works for site creation of the Seo-gu Incheon Metropolitan City D Land against the Defendants (civil engineering works).

Reasons

1. Basic facts

A. On May 29, 2013, the owners of land in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “E-Japan”) constituted a “F organization” to promote industrial complex development.

Defendant B Co., Ltd. (hereinafter “Defendant B”) performed the construction work by being awarded a contract from the landowners for the construction of sites, such as civil engineering works, infrastructure works, and road packing works.

Defendant C (hereinafter referred to as “G”) was delegated by the landowners with comprehensive rights, such as lawsuits related to the construction cost of all facilities, such as infrastructure and road construction works, and the reversion of use and profit.

B. The Plaintiff is the owner of the Seo-gu Incheon Metropolitan Government D land (hereinafter “Plaintiff-owned land”).

The land owned by the plaintiff is included in the E-Japan Land Site Creation Project performed by the defendant B.

[Ground of recognition] Evidence A Nos. 1, 2, 9-1, 2, 3-1, 2-2, and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff 1) asserted that the construction cost should be borne by the plaintiff on the ground that the plaintiff himself/herself performed the construction work for the development of industrial complex for the E-Japan land, and that the plaintiff should bear the construction cost for the land site by asserting that the construction cost should be borne by the plaintiff on the ground that he/she is the implementer of the industrial complex development project for the E-Japan land. Accordingly, the plaintiff sought confirmation that there is no obligation to pay the construction cost due to the construction cost due to the construction work for the land owned by the plaintiff (civil engineering work) on the land owned by the plaintiff, and that he/she is seeking confirmation that there is no obligation to pay the construction cost due to the construction work for the land owned by the plaintiff.