손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 2008, the construction company, Ohyeong-gu, Busan (hereinafter “instant land”) completed the registration of ownership transfer with respect to B large 3590 square meters (hereinafter “instant land”). On the ground of the instant land, the company ordered construction of the instant apartment (hereinafter “instant new apartment construction”) and ordered construction of the said apartment.
B. On December 29, 2008, Howho Development Co., Ltd. contracted the construction cost of KRW 570 million for the construction period and December 31, 2009 for the construction period from January 5, 2009 to December 31, 2009 (the construction period was extended from June 30, 2009 to December 31, 2009) among the instant new apartment construction works to the Geum River Construction Co., Ltd.
The gold Land Co., Ltd. subcontracted the instant soil construction work to C(D).
C. C around October 2008, around 2008, leased from the Plaintiff the sn beamline necessary for the instant earth works from October 1, 2008 to December 31, 2008.
The construction site of the new apartment of this case was suspended in the progress of the installation work of the soil lapsing, due to the failure to pay back the construction site of the new apartment of this case, and C was bound by the construction site of the new apartment of this case.
E. On March 14, 2011, the instant land had completed the registration of ownership transfer in the name of the Kex Co., Ltd. on May 2, 2012, the registration of ownership transfer was completed in the Defendant’s future through the division of the said company.
F. On June 25, 2012, the Defendant: (a) concluded a contract for the instant new apartment construction with the New Taeyang Construction Co., Ltd. for the construction cost of KRW 11,631,08,000; and (b) the construction period from August 1, 2012 to January 31, 2014.
However, on November 1, 2012, new solar construction, a corporation, among the new construction works of the apartment of this case, installed a retaining wall with a retaining wall, installed a concrete building with a retaining wall of the underground floor, and suspended construction from around that time.
G. On November 2012, the Defendant’s sn beamline used at the instant soil construction site to the Plaintiff.