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(영문) 인천지방법원 2013.11.06 2012가합20846

건물명도 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 2007, the KJJ (hereinafter “JJ”) concluded a contract for construction works that newly build real estate listed in the attached Table (hereinafter “instant building”) on the land surface of 791.7m2, Nam-gu, Incheon Metropolitan City, by setting the construction cost as KRW 1,650,00,000 with the KJ General Construction Co., Ltd. (hereinafter “K”) around July 2007. Since the construction of the said building was completed until the third floor of the instant building, the construction of the said building was suspended even after the completion of the construction of the said building.

B. Accordingly, on July 2008, JJ concluded a construction contract with M Co., Ltd. (hereinafter “M”) on the construction cost of KRW 1,320,00,000 (excluding value-added tax: Provided, That the portion of the structural construction project that was implemented by the comprehensive construction of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of the foundation of

Defendant C’s construction cost of 85,00,000 won for a construction project on February 5, 2009, Defendant D Co., Ltd. of 35,000,000 won for a waterproof construction project on August 7, 2008, Defendant E Co., Ltd. of 125,000,000 won for a electrical construction project on October 15, 2008; and Defendant E Co., Ltd. of 25,000,000 won for a glass construction project on October 3, 2008; and Defendant F Co., Ltd. of 148,00,000,000 for a construction project on October 3, 208; and Defendant D Co. of 10,000,000 won for a construction project on August 20, 208;

C. On July 1, 2008, Defendant B Co., Ltd. (hereinafter “Defendant Company”) was awarded a subcontract for the new construction of the instant building and the interior construction of the instant building from M to KRW 905,536,00 (hereinafter “value added tax”), and then re-subcontract some of the construction works to the remaining Defendants as follows:

The instant building was completed on October 2009, and the preservation registration was completed on October 14, 2009. At that time, the instant building is called a “fla mutual savings bank” (hereinafter referred to as “fla mutual savings bank”).