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(영문) 인천지방법원 2018.08.16 2018나52344

위약금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. Defendant F (T prior to the name of each name T) and the selector B, C, D, E, G, and net P (hereinafter “the deceased on October 2, 2014,” hereinafter “the deceased”) shared the land of M large 394 square meters, N large 303.1 square meters, and O large 316.9 square meters (hereinafter “U Dong”), respectively, by referring to the said land, and jointly owned the “M land”, “N land”, “O land”, and “O land”. The designated parties C, H, I, and J are the successors of the deceased.

[hereinafter] Defendant F, Appointed B, C, D, E, G and deceased (after the death of the designated parties C, H, I, and J) (hereinafter “Defendants”) B.

V On March 1, 2012, with delegation from the Defendant-owner of the instant land, for the construction and sale of the loan on the instant land (No. 2). On January 31, 2013, on the part of the Plaintiff, on the part of January 31, 2013, he awarded to the Plaintiff the contract for the construction work of KRW 1.2 billion for the construction cost (hereinafter “the instant loan”) of the 29 household unit (hereinafter “instant construction”).

(A) Evidence No. 10 (C)

The Plaintiff, from January 2013 to September 2013, completed the instant construction work on or around September 2013. The Defendant’s landowner completed the registration of initial ownership on or around January 20, 2014 and July 23, 2014 for total 29 households of the loan of this case.

On August 27, 2014, Defendant land owners completed the registration of the establishment of the mortgage-backed claims amounting to KRW 840,000,000,000,000,000,000,000,000,000,000 won, 7220,0000,000,000,000,000,000,000,000,000,000 won

From September 2014, the Plaintiff filed a lawsuit claiming construction price against the Defendant’s land owner on October 15, 2014 by asserting a lien on the instant claim for the construction cost, claiming the instant claim as the secured claim.

Incheon District Court.