공사대금
1. The part concerning the claim for confirmation of lien among the instant lawsuit is dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
Basic Facts
In accordance with Article 33 of the former Housing Construction Promotion Act, which was in force at the time from the Yananan City on November 7, 1997, the construction project plan (hereinafter referred to as the “building construction plan of this case”) was approved to construct four rental apartments of 214 households (hereinafter referred to as the “lease apartment building plan of this case”) on the ground of the total area of 9,265 square meters of land size of B and 15 lots (hereinafter referred to as the “instant land”) in Yanan-si (hereinafter referred to as the “instant rental apartment”) and the construction project was in progress.
Accordingly, on September 3, 199, the Defendant acquired all the rights related to the building plan of the rental apartment in this case from the Seocho Construction, etc., and obtained on December 26, 199 the approval for the alteration of the housing construction plan from the Yanananananan City to change the project operator of the building plan of the rental apartment in this case from the project operator of the rental apartment in Seocho Construction.
The Defendant agreed to transfer all of the rights and obligations relating to the instant rental apartment construction (hereinafter “instant business right”) to C on November 28, 2000 with the condition that C acquires the Defendant’s obligation by virtue of the assumption of the Defendant’s obligation between C and C, following the construction in Seocho Construction. In addition to the above contents on April 24, 2001, the Defendant agreed to divide the profit of the instant rental apartment into half when the construction in question is completed.
Even after the conclusion of the contract as referred to in the preceding paragraph, the defendant and C selected the Geum River Development Co., Ltd. (hereinafter referred to as the " Geum River Development") introduced by D as the contractor.
On June 5, 2001, Defendant C, Geum River Development, and D entered into an agreement on the instant rental apartment construction project (hereinafter “instant agreement”).