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(영문) 서울중앙지방법원 2015.02.06 2013가합74061

미지급임금 등

Text

1. All of the lawsuits against the Defendants by Plaintiff N and R are dismissed.

2.(a)

Plaintiff

B, C, D, E, F, I, K, M, and Q.

Reasons

Basic Facts

On June 17, 2008, Defendant W Co., Ltd. (hereinafter “Defendant Company”) entered into a trust agreement with Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to carry out apartment construction projects on the surface of the land owned by Defendant Co., Ltd. (hereinafter “instant land”) and completed the registration of ownership transfer on the instant land.

At this time, the defendant company entered into an agreement to transfer all rights related to the business of the Guarantee Company's Housing Guarantee to the Guarantee Company's Housing Guarantee.

While the Defendant Company was performing the instant project and construction as a contractor, it was selected as a subject of the workout program on May 2009, and around 63% of the progress rate around June 201, the construction was discontinued.

Around that time, workers including the plaintiffs who worked in the defendant company were dismissed from the defendant company without being paid wages or retirement allowances in whole or in part.

The Korea Housing Guarantee classified the business site of this case as the place of accident, and refunded the sales price, etc. to the defendant company in accordance with the sales guarantee agreement, and conducted a public sale of the land of this case by transferring the execution and construction right of the business of this case from the defendant company.

The Defendant X (hereinafter “Defendant X”) established around that time, was established for the purpose of the real estate development business, etc., on June 14, 2012; hereinafter “Defendant X”)’s housing guarantee, which accepted an application for the purchase to the Korea Housing Guarantee, and entered into a sales contract on August 27, 2012.

Defendant X paid all the purchase price equivalent to KRW 16.7 billion, and on March 27, 2013, Defendant X paid the instant land.