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1. The main lawsuit of this case and the independent party intervention shall be dismissed in all.
2. Of the costs of lawsuit, the part resulting from the principal lawsuit.
Reasons
1. Basic facts
A. At around August 12, 2002, the Defendant entered into a subcontract on the remaining remaining works of the Non-Party 1 Construction Co., Ltd. (hereinafter “B apartment construction”) and the Non-Party 1 Construction Co., Ltd. among the “B apartment new construction works”. On February 2, 2003, the Defendant entered into a subcontract on the 2nd floor building building works, water tank destruction works, and access road works among the aforementioned new construction works, and entered into a subcontract on the said new construction works during the period of the said new construction works, and entered into a contract on the cleaning and water leakage works during the said period.
B) Although the Defendant continued construction under the above subcontract or construction contract, on June 2003, it was not paid the construction cost that had been incurred until it was due to the bankruptcy of the current comprehensive construction by the current comprehensive construction, and thereafter, 283 households of the above apartment house (hereinafter “the instant real estate”).
101, 501 to 510, 10 households were excluded from objects of auction.
(C) Upon the auction procedure with respect to the real estate of this case, the Plaintiff reported the lien on August 26, 2005, around July 18, 2007 at the above auction procedure and paid the sale price on September 17, 2007, and completed the registration of ownership transfer with respect to the real estate of this case. (D) Meanwhile, on January 21, 2009, the Defendant filed a lawsuit against the present comprehensive construction (Seoul District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch C, D, and E) for the claim for the construction cost against the Defendant on January 21, 2009, the Plaintiff received 837,980,034 won from July 11, 2003 to January 21, 2009 to 200 per annum 209.