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(영문) 서울고등법원 2017.06.01 2016나2028932

구상금

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1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The Plaintiff, an affiliated organization of the Korea Development and Management Agency of the Korea Development and Land (hereinafter referred to as the “Korea Development and Management Agency of Land”).

(B) Through G Road Expansion Works, which is a four-line road expansion works for national highways with approximately 10.2 km of approximately 10.2 km national highways from Jeon Sung-gun to Dong-gun C (hereinafter “instant construction”).

)를 시행하였다. 2) 피고 성지건설 주식회사(이하 ‘피고 성지건설’이라 한다)는 토목건축공사업 등을 영위하는 회사이고, 피고 A은 ‘H’이라는 상호로 토목건축공사업 등을 영위하는 사람이며, 피고 대선건설 주식회사(이하 ‘피고 대선건설’이라 한다)는 토목건축공사업 등을 영위하는 회사이고, 피고 주식회사 대도개발(이하 ‘피고 대도개발’이라 한다)은 토목건축공사업 등을 영위하는 회사이다.

B. 1) The Korea National Land Management Agency, on August 22, 2003, concluded a contract between the Plaintiff and the Defendants with the Defendants constituting a joint supply and demand organization on August 22, 2003, under which the Plaintiff agreed to contract the instant construction work to the Defendants (hereinafter “instant contract”).

(2) At the time of the conclusion of the instant contract, the Defendants’ investment ratio was 50% of the construction of Seongbuk branch, 33% of the construction of the Defendant A, 10% of the construction of the Defendant Daedo, and 7% of the development of the Defendant Daedo, and the representative of the joint supply and demand organization was Defendant Sungdo Construction.

C. D from around 1988, 198, 1) A operated a two-way business. A around September 2007, 2007, on the ground of five parcels, including 6,321 square meters in total, including 1,321 square meters in 6,00 square meters in the Jeonsung-gun, Jeonsung-gun, Jeonsung-gun, his own ownership, and 1,321 square meters in a pregnant company, 1,000 square meters in a single, 1,000-dong, 1,000 contribution company, and 2,000-dong, 2,000-dong (hereinafter “instant two-way”).

(2) Around August 2007, the Defendants had been engaged in a spawn business and operated a spawn business. (2) A road site for the execution of the instant construction in the vicinity of the instant two houses.