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(영문) 울산지방법원 2016.06.16 2015가합3088
손해배상(기) 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is the building owner and constructor of the 10-story Condominium Building (hereinafter “instant apartment”) on the 10-story Building (hereinafter “instant land”). Plaintiff A is the electrical and telecommunications construction business operator, and Plaintiff B is the electrical and telecommunications construction business operator, and Plaintiff C is the construction business operator for each sector of the instant apartment and the “6-class J apartment” as the construction business operator for the instant apartment and the “6-class J apartment,” respectively.

B. On November 1, 201, Plaintiff A entered into a subcontract with H to the period from January 1, 201 to July 31, 2012, with respect to electricity and telecommunications construction among new construction works of new apartments, Plaintiff A entered into a subcontract with H to the contract amount of KRW 76,00,000 and the construction period from January 1, 201 to July 31, 2012.

C. The Plaintiffs, who entered into a sales contract, agreed to purchase each apartment unit with H as payment for the new construction cost of apartment.

Accordingly, H and Plaintiff C entered into a contract for the purchase price of KRW 240,000,00 for the sale price of KRW 501 on April 21, 2012; Plaintiff A entered into a contract for the purchase of KRW 240,000,000 for the sale price of KRW 602 on July 3, 2012; Plaintiff B entered into a contract for the purchase of KRW 240,000 for the sale price of KRW 240,000 for the sale price of KRW 240,000 for March 20, 2013.

Plaintiff

A) On August 22, 2013, Plaintiff A filed a lawsuit for the execution of the procedure for the registration of ownership transfer (Ulsan District Court 2013Da24305) with respect to each apartment unit sold to H on August 22, 2013, with the claim for the construction cost (76,00,000 won) as the preserved right, and upon receipt of the ruling of provisional attachment No. 2013Kadan3058, Ulsan District Court 2013, Ulsan District Court 1,046.9m2, and completed each provisional attachment registration with respect to No. 201 and No. 202 of the instant apartment unit. 2) The Plaintiffs filed a lawsuit for the execution of the procedure for the registration of ownership transfer with respect to each apartment unit sold to H on August 22, 2013 (Ulsan District Court 2013Da24305). The Ulsan District Court citing all the claims of the Plaintiffs on October 22, 2013.

E. Defendant D’s acquisition of the Defendants’ ownership of apartment buildings is an apartment building No. 201.

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