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(영문) 수원지방법원 2014.12.11 2013나18360

공사대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

Reasons

1. Basic facts

A. The term “A” buildings located on the D’s surface in Young-gu, Young-si (hereinafter “instant accommodation facilities”) are accommodation facilities (retail condominiums, 112 households) that were newly constructed and sold to tourist accommodation facilities under the Tourism Promotion Act on June 22, 2004 by the Young-gu, Young-gu (hereinafter “Yung-gu”) and sold in lots. According to Article 2 subparag. 2 of the Tourism Promotion Act of co-owner of the instant accommodation facilities, the term “co-owner” refers to a person who purchased some facilities from a tourism business entity in the form of sole ownership or co-ownership.

The New Tourism Development, which is a tourism business operator, newly constructed each building within the accommodation facilities of this case and completed the registration as a sectioned building and completed the registration of ownership transfer for each sectional unit to buyers, and such sectional owners constitute co-owners under the above Act.

The term "co-owner" in this section means a co-owner under the above law.

From December 1, 2006 to protect the rights and interests of the co-owners, the management service business chain was directly managed with the accommodation facilities of this case, along with the management service company of Korea.

On the other hand, among the accommodation facilities of this case, the defendants are co-owners who completed the registration of ownership transfer with respect to the shares of 1/2 on July 22, 2004.

B. Each of the buildings in the instant accommodation used LPG gas as heating fuel from the time of its new construction. In light of the construction cost of KRW 2,342,00,000 (excluding value-added tax; hereinafter the same shall apply) around 2006, Samcheon Co., Ltd., an urban gas supplier, the instant accommodation installed urban gas supply pipeline facilities in the vicinity of the instant accommodation. With the approval of the consumer’s burden from the competent administrative authority, the Plaintiff Korea Broadcasting Co., Ltd. among the construction cost, shared KRW 202,00,000, 336,000,000, 336,000,000, and 582,000,000,000.

C. Accordingly, interesting tourism development is expected.