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(영문) 수원지방법원평택지원 2015.02.11 2014가합1111

공사방해금지

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts of basic facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 6, Eul evidence 1-1, 2, Eul evidence 2, Eul evidence 3, Eul evidence 4, and Eul evidence 5, the whole purport of the pleadings.

Attached Form

C, etc., the owner of each of the lands listed in paragraphs (1) and (2) of the attached Table 1, (2), and the land listed in paragraph (3) of the attached Table (hereinafter referred to as the “instant land”) and the land listed in paragraph (3) of the attached Table (hereinafter referred to as the “instant land”) was established as Defendant B reconstruction Association (hereinafter referred to as the “Defendant Association”) in order to remove the instant apartment house and newly construct the main complex apartment on the instant land in 2004 and to promote the reconstruction project on the 4th underground floor and the 18th ground surface (hereinafter referred to as the “instant apartment”).

on May 11, 2004, the Defendant Association entered into a contract with the Plaintiff on the following terms: (a) fishery construction has the right to benefit from the construction and implementation of the instant apartment; (b) after the construction of the instant apartment, the Plaintiff entered into a contract with the Plaintiff on November 23, 2004 with the effect that the Plaintiff will have the right to implement the construction of the instant apartment; and (c) after the construction of the instant apartment, the Plaintiff would have the right to undertake the construction of the instant apartment.

(A) On November 19, 2004, fishery construction and the Plaintiff already agreed to hold the construction right and the enforcement right as above. According to the agreement on the transfer of business right on December 5, 2006 between the fishery construction and the Dou Integrated Construction Co., Ltd. (hereinafter “Dou Integrated Construction”), the Defendant Union entered into an execution construction agreement on the construction of the instant apartment between the Dou General Construction Co., Ltd. (hereinafter “Dou Integrated Construction”) around November 2006, and thereafter on March 6, 2008.