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(영문) 인천지방법원 2021.01.26 2018가단227376
공사대금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

Workers Non-existent (unit: 14,280 J 6,195,000 J 6,195,000 J 13,860,00 C 13,860,000 D 13,860,00 E 9,135,000 G 13,860,000 H 12,390,000 I 14,280,000 J 6,195,000 F 13,860,000

A. From September 2017 to November 201, 2017, the Plaintiffs were employed by L, an individual constructor, provided labor at three new construction sites of the Gangwon-do Crossing-gun M and N land (hereinafter referred to as “the land to be specified only once index”) and three new construction sites of the same (hereinafter referred to as “instant construction”).

B. The Plaintiffs were not paid wages to L, and the amount of delayed payment is as follows.

(c)

The defendant is the owner of M/N land.

[Grounds for Recognition: Each entry in Gap evidence Nos. 1 through 3 and 7, and the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiffs exercise their claim for construction price against L in subrogation of insolvent L in order to preserve their claim for wages against L.

Therefore, the defendant is obligated to pay the construction cost of this case to the plaintiffs within the scope of each wage claim.

B. The Defendant sold N land to L, and the Defendant intended to sell L with the purchase price to supply housing on M land.

The actual owner of the instant construction works is L and L was to bear the construction cost.

Therefore, there is no claim for construction cost against L's defendant.

3. Determination

A. On August 11, 2016, L and the Defendant concluded a sales contract with the content that the Defendant sells 3,609.67 square meters of N land in KRW 100 million to L on August 11, 2016, and stipulated the following special terms (hereinafter “instant sales contract”). The indication of real estate: The N category of Gangwon-do Crossing-gun (U.S.) area: The size of the former planning area: (1,09.67 (1,091.9 square meters) area: (a) the land owner (A, Defendant) and the contractor (L) agreed to construct five households by dividing the land when constructing a new building on the ground of the above real estate indicated land.

1) An exchange method for real estate construction.

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