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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
In the instant lawsuit for construction and construction cost, E Corporation F Co., Ltd. (hereinafter “F”) is the ordering person of the Daejeon Jung-gu E Apartment Construction Corporation (hereinafter “F”)
(hereinafter the above apartment is “E apartment” and the above construction is “E”). E The construction was suspended due to the shortage of funds.
H The subcontractors (including seven companies and individuals; hereinafter “contractors of the E Corporation”) of the E Corporation (including the representative I, hereinafter “H”) filed a lawsuit against F with the Daejeon District Court 2008Gahap1072 on the ground that H was the designated parties.
On December 3, 2009, this Court rendered a judgment in favor of the Plaintiff (the total construction cost of KRW 895,493,524 and delay damages) and the above judgment became final and conclusive around that time.
J Corporation F was involved in the re-building work of the Jung-gu Daejeon Jung-gu in addition to E Corporation.
(2) A subcontractor of the J Corporation (including a company and an individual, and H and K among the subcontractors of the E Corporation are the subcontractors of the J Corporation; hereinafter “J”) including H filed a lawsuit against F for the claim for construction cost against H as the Daejeon District Court 2008Gahap10703, Daejeon District Court 2008Gahap103.
On June 18, 2009, this Court rendered a favorable judgment of the plaintiff (700 million won and damages for delay).
F appealed to the above judgment under the Daejeon High Court Decision 2009Na4877, and on December 7, 2009, the agreement was concluded between H and F that “F shall carry out the procedure of ownership transfer registration with respect to the above apartment in H, as soon as the completion of the construction of the apartment is completed, with the following provisions: “F shall carry out the procedure of ownership transfer registration with respect to the above apartment in H, as soon as the completion of the construction is completed.”
The National Agricultural Cooperative Federation, which is the right to collateral security on the E-site of the instant apartment site, shall be Daejeon District Court L on December 7, 2009.