The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) B and Defendant C, and the main claim against the Defendant.

Basic Facts

On December 19, 2005, Defendant B entered into a joint project implementation agreement with the F reconstruction association (hereinafter “the instant reconstruction association”) with the content that the said association will provide as a site the building site the size of 330.09 square meters and E large 626 square meters in Dongdaemun-gu Seoul Metropolitan Government D, and Defendant B newly constructed a main complex building with the size of 3 underground and 13 floors above the above site, and supply 16 households among them to the members, and supply the remainder to the general public for the construction cost, etc.

(2) On August 21, 2006, Defendant B concluded a new construction contract for the said building with the tin Construction Co., Ltd. (hereinafter “tin Construction”), but rescinded the construction contract due to the nonperformance of tin Construction. On February 21, 2008, Defendant B changed the construction contract for the said building to the Jinjin Comprehensive Construction Co., Ltd. (hereinafter “Yjin Comprehensive Construction”), but the said construction contract was again rescinded after the completion of the said construction project with the 4 to 5th floor.

On January 20, 2010, Defendant B entered into a contract for construction work again with Defendant C on the name of the contractor on January 20, 2010. Since then, the reconstruction work of this case was resumed, and the process was completed up to KRW 95%.

(hereinafter referred to as “instant building”). From September 28, 2012 to September 28, 2012, the Plaintiff asserted the right of retention while occupying the part indicated in the attached real estate among the instant buildings.

[Based on the absence of dispute, Gap's evidence 1, 3, 4, Eul's evidence 16-1, Eul's evidence 3, Eul's evidence 16-3, and judgment as to the claim of main claim of the entire pleadings, as to the establishment of the right of retention based on the right of retention and the main claim of the lawsuit, the plaintiff's main claim for obstruction prevention was suspended, and the representative director Eul's representative director is in office at the time, and he requested the plaintiff who was involved at the site of the reconstruction construction of this case to perform the remaining construction by entrusting the plaintiff with the construction work.