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(영문) 서울북부지방법원 2020.12.10 2019가합23279

제3자이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Conclusion of a joint project implementation contract for reconstruction and the progress of the project accordingly, 1) Seoul Dongdaemun-gu Seoul Metropolitan Government C and D (hereinafter “instant land”).

A) A sectional owner of E-Building Housing on the ground may remove the existing building around 2005 and obtain a building permit under the name of the sectional owners, and the main complex building with the third underground floors and third underground floors above the ground level (hereinafter “instant main complex building”).

In order to newly construct the E-Building Association (hereinafter referred to as “instant association”)

2) On December 19, 2005, the instant association entered into a joint project implementation agreement with F Co., Ltd. (hereinafter “F”), under which F provided the instant land from the instant association and newly constructed the instant main complex building on the ground, and among which, the 16 households of apartment units supplied the instant land to its members and the remainder of the apartment units and non-business facilities (hereinafter “the instant general apartment units, etc.”) are to cover the construction cost, etc. paid by F. (hereinafter “instant joint project implementation agreement”).

3) On August 21, 2006, the F awarded the instant construction contract to G Co., Ltd. on the ground of the nonperformance of obligations by G Co., Ltd. The F and the instant association jointly ordered the instant construction contract to H Co., Ltd. on February 21, 2008, but H Co., Ltd. did not receive construction payment from F, thereby suspending the instant construction project on October 2009. Accordingly, F around January 20, 2010, the Plaintiff as the field manager (hereinafter referred to as “J”).

A) Between the instant contract for the instant construction works (hereinafter referred to as “instant contract”).

(4) F and the instant association are divided owners of E-House units. The instant association was conducted by J. F and the instant association.