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(영문) 대전지방법원 2016.06.15 2015가단24437

사용료

Text

1. The Defendant: (a) KRW 32,700,000 as well as the Plaintiff’s KRW 20% per annum from July 18, 2015 to September 30, 2015; and (b) October 2015.

Reasons

1. Facts of recognition;

A. C-building housing association (hereinafter “instant association”) is an association established to reconstruct a main complex apartment on the ground of 3305m2, Jung-gu, Daejeon Special Metropolitan City D to 3305m2.8m2.

B. On December 16, 2003, the instant association entered into the said reconstruction project implementation and construction contract with the general construction company (hereinafter “the construction company”). On October 2004, the construction company started the said major apartment reconstruction project (hereinafter “the instant reconstruction project”) and discontinued construction due to the lack of construction capacity and funds around April 2006.

C. Around October 31, 2006, the instant association contracted the said reconstruction construction work to the present comprehensive cancer construction (hereinafter “Namamamamamy Construction”) and the Eamye Construction Co., Ltd. (hereinafter “Aamye Construction”) (the name of the construction: E major apartment construction: the construction cost of the Eamye apartment construction) and the amye Construction and Eamye Construction completed the said reconstruction construction around February 2008.

On January 6, 2009, the Plaintiff, as a member of the instant association, completed the registration of initial ownership relating to the apartment as stated in the attached list (hereinafter “instant apartment”) according to the management and disposition plan.

E. On June 30, 2010, the Plaintiff completed the execution of the provisional injunction against the transfer of real estate possession on June 30, 2010 regarding F and G possessing the apartment of the instant case by the provisional injunction order of Daejeon District Court 2010Kahap662.

F. The subcontractor, including the Plaintiff I (hereinafter “I”), (hereinafter “the subcontractor in this case”) operated by H, was awarded a subcontract for part of the reconstruction work in this case from the construction of the present cancer and the Embrypty or the ambrymymym construction.

G. The subcontractor in this case filed a lawsuit against the construction of the YI and the YI, and on April 23, 2009, the Daejeon District Court 2008Gahap3026 decided on April 23, 2009, the subcontractor in this case was jointly and severally liable to I for 656,22.