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(영문) 서울남부지방법원 2018.09.06 2017가단3592
임대차보증금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. D on June 13, 2012, the implementation of the 6th floor construction of the C building and the registration of transfer in the name of the Defendant, the construction cost of which was KRW 929,40,000,000 for the remodeling construction work for the 6th floor construction of the C building in Ansan-si (hereinafter “instant building”).

Although the Defendant invested in the business of dividing the instant building into 80 offices, in order to recover investment funds that had been paid as a result of the discontinuance of the said remodeling project on September 2012, the Defendant completed the registration of transfer in the name of the Defendant regarding the remaining 16 houses except for subparagraphs 2, 3, 4, and 7 among the total 20 houses of the instant building.

E decided to succeed to the work of Yupller Co., Ltd., and entered into a contract for construction work of KRW 929,400,000 on November 10, 2012 on D and the remaining remodeling work of the building of this case.

On May 30, 2013, the first contractor D, F, G, and H agreed to waive all rights related to the remodeling construction of the instant building against the Defendant. The Defendant agreed to recognize the investment cost of the investors recruited by H and the amount invested at the said construction site.

On July 15, 2014, the Defendant agreed to the settlement of the construction cost with E, a construction contractor, that “The construction cost has been settled in full by transferring the ownership of subparagraphs 1 and 5 of the instant building as of July 15, 2014, and the documents, such as chonsegwon, issued earlier, shall be responsible for E and shall not be damaged to the Defendant.”

B. During the process of the Plaintiff’s occurrence of claims and the delivery of the lease contract, I subcontracted the construction work of the instant building to the Plaintiff during the remodeling work of the instant building from D, and re-subcontracted to the Plaintiff. From August 1, 2012 to August 31, 2012, the Plaintiff performed the steel-frameing construction work of the said building.

hereinafter referred to as "the construction of this case"

(b)..

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