건축에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant’s purchase of the instant land, etc. and acquisition of building permission) the Defendant is a company engaging in construction business and real estate development business, etc., and the Defendant is a petitioner C and one parcel, etc. (hereinafter “instant land”) around April 15, 2015.
(2) The Defendant purchased a building that was under construction from D and E in total amounting to KRW 1.27 billion, and thereafter, obtained a construction permit as shown in the attached Form, as the owner of the building for F of 15 stories on the ground of the instant land from the Cheongju market through the process of modifying the construction permit.
B. Prior to the Plaintiff’s participation, the completion of the construction of the instant building was 1) Defendant on January 27, 2016 G Co., Ltd. (hereinafter “G”).
B) In order to complete the instant building, between January 28, 2016 and March 1, 2017, the construction period is from January 28, 2016 to March 1, 2017, and the construction cost is KRW 9 billion (hereinafter “first contract”).
(2) On March 10, 2016, G entered into a subcontract (hereinafter “instant subcontract”) with H with respect to all the structural construction works of the instant building from March 10, 2016 to March 30, 2017; and the construction cost of KRW 1.53 billion (hereinafter “instant subcontract”); and the Defendant participated in the said subcontract as a joint and several surety.
3) Before June 2016, H completed the construction up to the second floor on the ground of the instant subcontracted construction. With respect to the construction work under the instant subcontract, H spent approximately KRW 410 million in total, KRW 30 million in total, KRW 125 million in total, and KRW 25 million in total, KRW 25 million in temporary materials, and KRW 590 million in total, in relation to the instant subcontracted construction work. C. The Defendant of the instant building construction contract between the Plaintiff and the Defendant around May 2016 (hereinafter “I”).
To complete the Plaintiff and the instant building, the construction period from June 2016 to October 2017, and the construction cost of KRW 11.17 billion.4 million.