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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. 1) Status of the parties to the dispute 1) The Han So-called " Han So-called " Han So-called" Construction Co., Ltd. (hereinafter referred to as the " Han So-called " Han So-called") shall be the reconstruction and maintenance project association for the
2) The construction work of constructing apartment units in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant construction work”).
Korea-Japan was awarded a contract. Korea-U.S. E (hereinafter “E”) on November 15, 2008
(2) The Plaintiff, as a member of the instant association, sold the real estate stated in the purport of the claim (hereinafter “instant real estate”) as a member of the instant association. The Plaintiff was actually operated by E and received the claim for the construction price of so-called “the instant real estate”).
B. On August 27, 2010, the Plaintiff’s claim 1) E entered into an agreement on the settlement of the construction cost with the so-called So-called “Korea-Japan” on the settlement of the Plaintiff’s claims against the so-called “Korea-Japan”, and then, the remainder of the construction cost, excluding KRW 15,000,000,000,000,000,000,000,000,000,000,000,000 won, was paid in cash from Korea-Japan within one week after completion of the construction. 2) E transferred the claim to the Plaintiff on June 28, 201, and notified the Plaintiff of the fact of assignment
C. 1) F and G filed a lawsuit seeking delivery against G and F on the ground that G and F were unlawfully occupied by G and F around March 201, as Seoul Eastern District Court Decision 201Ga15057, G and F were the Seoul Eastern District Court Decision 2011Ga15057, arguing that some of the instant construction works were subcontracted out by Han-gu and the construction payment was not received, and that F and G were not paid the construction payment.
However, the judgment against G and F was rendered on October 18, 201 on the ground that G and F exercise a lien on the above apartment.
On this issue, the Seoul Eastern District Court.