소유권확인
1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.
2. Articles listed in the separate sheet are of the Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff is a corporation that runs the business of planning and construction of civil engineering, construction, landscaping, waste water, livestock wastewater, and excreta treatment design and construction, and the Defendant is a person who runs the business of leasing snow plants, such as a mold, in the trade name of “E.”
B. On February 28, 2017, the Plaintiff entered into a contract with the Defendant to contract reinforced concrete construction during the said construction (hereinafter “instant construction”) to the Defendant (hereinafter “the first contract”) as the principal contractor of the Net Chang-gun Civil Construction Project, a government-funded construction project ordered by the Korea Rural Community Corporation.
C. However, the Plaintiff and the Defendant concluded a contract under which the Plaintiff and the Defendant would again lease and supply construction materials such as molds and expendable goods at the site of the instant construction work (hereinafter “amended contract”) on the grounds that the Defendant is merely an individual entrepreneur and cannot carry out the said construction work, which is a government-funded construction work.
After that, on March 13, 2017, the Defendant drafted a written statement in the attached Form stating that “I, upon receipt of construction cost, provide the Plaintiff with all of the construction cost, materials cost, and equipment cost, as collateral, if I will not pay the construction cost, and will not take them out of the site without permission from the head of the on-site office,” (Evidence A No. 3; hereinafter “each of the instant statements”).
E. After that, on March 18, 2017, the Defendant, while delivering only the items indicated in the separate sheet (hereinafter “instant items”) and the expendable items, drafted again a memorandum of waiver of construction work as indicated in the separate sheet (Evidence A4; hereinafter “instant waiver note”), and the summary of the content thereof, if the Defendant fails to comply with the promise to bring in all necessary materials and dys as at the site by March 20, 2017, the construction is waived, and the following construction is the following construction work.