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(영문) 대전지방법원 2018.09.19 2016가단24458

사용료

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Attached Form

J reconstruction housing association with respect to the construction and ownership of each real estate listed in the list newly constructed K K main apartment including real estate listed in the attached list by awarding a contract to Yamamamam Construction Co., Ltd., and Defendant C is one of the subcontractors of the said newly constructed construction project.

Attached Form

On July 1, 2008, the real estate listed in the list No. 1 was registered to be preserved for ownership in L in the future, and on November 12, 2014, the registration of ownership transfer was completed in the Plaintiff A.

Attached Form

On January 6, 2009, the registration of ownership preservation was completed in the MM on the real estate stated in the list 2, and the registration of ownership transfer was completed in the Plaintiff B on October 21, 2014 on the grounds of sale.

After that, on September 21, 2017, Plaintiff B sold real estate listed in Annex B Section 2 to N.

Defendant C, one of the subcontractors of the above main complex apartment, and Defendant D, a company claiming that Defendant C succeeded to the right of retention on the subcontract price claim and each real estate listed in the separate sheet.

The other Defendants are related persons such as the representative or employees of the above two companies.

Attached Form

The list of real estate-related facts L was affirmed on September 28, 201 by the Daejeon District Court No. 2010da35111, which filed a lawsuit against O and P seeking delivery of real estate in the attached list No. 1 and payment of unjust enrichment equivalent to rent, and the judgment of the court of first instance was rendered on September 28, 201.

The court of the lawsuit in the above case accepted the right of retention defense that P, as the representative of the defendant C, delegated the exercise of the right of retention to secure the subcontract consideration claim from the subcontractor, including the defendant C, and possessed the real estate specified in the attached Table 1 below the O's possession assistance.

Accordingly, at the same time, P is paid the subcontract price to L by the current cancer construction corporation, etc. in the above judgment, and at the same time, it is listed in attached Table 1.