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(영문) 전주지방법원 2016.02.17 2013가합7683

공사대금 및 유치권확인

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B farming association corporation and the Defendants.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

The following facts are not disputed between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 2 through 5, Gap evidence 7, 9, 14, 16, 17, Gap evidence 22-1 through 5, 6, 8, 11 through 14, 18, Eul evidence 25, Eul evidence 1, Eul evidence 3-1, Eul evidence 11 and 16, and the whole purport of pleadings:

The Plaintiff is a party to the instant multi-family housing contract with the Defendant Cooperative, etc. as follows. G was the representative director of the Plaintiff from June 13, 2012, and thereafter operated the Plaintiff. Defendant C was from February 20, 2012 to July 21, 2015; Defendant D was the director of each Defendant Cooperative from February 23, 2011 to July 21, 2015; Defendant F was the director of each Defendant Cooperative from November 26, 2010 to August 26, 2013; H was the representative director of each Defendant Cooperative from August 26, 2010 to August 26, 2013; the list of co-owners of the instant real estate from August 26, 2013 to July 21, 2015 to the date of the conclusion of the instant contract; and the list of co-owners of each of the instant real estate (attached Nos. 1 to 27, 2017).

B. Around November 4, 2011, the Plaintiff entered into a new construction contract with the Defendant Cooperative, D, and E on the land except for 7,851,702,00 won for the construction work, among the real estate listed in the separate sheet No. 5 of the real estate in the separate sheet No. 1, the Plaintiff entered into a new construction contract with 7,851,702,00 won for the construction work. (2) On November 24, 2011, the Plaintiff again entered into a new construction contract on each real estate (a total area of approximately 2,622 square meters) listed in the separate sheet No. 1 with the Defendant Cooperative as a member of the Defendant Cooperative, J (the principal and Defendant F’s agent), H, Defendant D, and the separate sheet No. 1.