소유권확인 등
1.The judgment of the first instance shall be modified as follows:
Plaintiff
A's primary action against the defendant B is serious.
1. Basic facts
A. On October 25, 198, I and J acquired the ownership of 1,112 square meters (hereinafter “instant land”) in the Gyeong-gun, Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”). On November 12, 2009, upon obtaining a building permit from the head of Pyeongtaek-gun to newly construct an aggregate building on the instant land, the construction was completed on February 18, 2010, but the construction was not commenced.
B. On July 5, 2010, Defendant B acquired the ownership of the instant land from I and J, and delegated the authority to manage and supervise the new construction site to K on August 201, 2010, and subsequently, on August 11, 2010, Defendant B awarded a contract for construction of a total of 16 units of aggregate buildings with five floors each of the five floors above the instant land (hereinafter “the instant building was completed in the form of each real estate indicated in the attached Table; hereinafter “instant building”) to D who uses L, respectively, for KRW 1,313,400,00.
D Around that time, the head of Pyeongtaek-si reported the Si Construction under the name of the KTN General Construction Corporation and started the construction of this case.
D around August 23, 2010, around August 23, 2010, the Plaintiff subcontracted the framework of the instant construction to the Plaintiff A.
Plaintiff
A began around August 30, 2010 alleys construction work.
C. On November 10, 2010, Defendant B filed a report on the change of the name of the owner with the head of Bupyeong-gu Gun on his own, and on November 12, 2010, the change of the owner was completed.
D Around November 30, 2010, renounced the instant construction project and completed it at the construction site of the instant case due to the shortage of funds, etc., Defendant B proposed that the Plaintiff receive a contract for the entire construction works under the instant construction contract from the Plaintiff.
Plaintiff
A had succeeded to the status of D contractor and had been awarded contracts from Defendant B for the instant construction work in KRW 1,313,00,000 on November 2010.
E. The Plaintiff A suspended the instant construction project except for the structural frame for reasons such as the shortage of funds, and Defendant B entered into a contract with G and H around May 25, 201 with respect to construction works and invested funds from around that time. The entire construction project of this case is to be implemented.