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(영문) 서울중앙지방법원 2020.02.20 2018가단5269923

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

1. Defendant.

Reasons

1. Basic facts

A. G, H, I, J, K (J/K is the same household with the same household), L, M, N,O, P, Q, R, S (R/S) and T (14 or more households with the same household; hereinafter “owners”) on November 29, 2014, U.S. Co., Ltd. (hereinafter “U”) remove existing buildings and newly construct the 16 household units of urban-type residential housing (hereinafter “multi-family housing of this case”) to supply 12 households among them to the owners, and the remaining 4 households (hereinafter “general unit unit unit”) share in U.S., and concluded a contract on the joint project with a third party as a general sale of construction expenses and project expenses (hereinafter “instant contract”).

B. On January 14, 2015, the owners borrowed 100 million won per household from V unions for the purpose of raising moving expenses and paying contributions.

(hereinafter referred to as the above loan obligations of this case). The owners leased the remainder, excluding the money used as moving expenses from each of the above loans, to U.S. for construction expenses.

C. The instant multi-family housing was completed around January 2016.

U around January 14, 2016, between Defendant B Co., Ltd. (hereinafter “Defendant Company”), WX company, and Y company (Z company), the subcontractor, in lieu of paying the unpaid subcontract price, transferred the ownership of AA, ABho, and AC (hereinafter “each of the households of this case”) from among the general parcels of land owned by the subcontractor or a person designated by the subcontractor, in lieu of paying the unpaid subcontract price. However, the transferee of each ownership agreed to take out a loan of KRW 100 million and repay the outstanding loan liabilities of this case on behalf of KRW 100 million.

(A) At the time of determining the amount of payment in kind, each of the KRW 100 million was deducted; hereinafter referred to as the “each of the instant payment in kind”).

Accordingly, owners are jointly engaged in the above AA on the same day between the defendant company and the defendant company.