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1. Of the judgment of the court of first instance, the part against Defendant D, which exceeds the following amount ordered to be paid, is revoked.
Reasons
1. Facts of recognition;
A. An overview 1) The Plaintiff is a person engaged in construction business, such as building materials and interior works, with the trade name of “E.” (2) Defendant C purchased a housing of 3rd floor of Yeonsu-gu Incheon (hereinafter “G building”) from the Plaintiff’s Intervenor B (hereinafter “B”) on July 25, 2016, and completed the registration of ownership transfer on the G building on October 25, 2016.
3) On March 17, 2000, Defendant D’s three-story detached houses of reinforced concrete structure H above ground in Yeonsu-gu Incheon, Yeonsu-gu, Incheon (hereinafter “I building”).
(C) On July 30, 1996, J completed the registration of ownership transfer as to the registration, and on July 30, 1996, three houses of Pyeongtaek-gu, Yeonsu-gu, Incheon, K ground reinforced concrete structure (hereinafter “L building”).
(B) On March 18, 2017, Defendant D and J requested the Plaintiff to perform waterproof and pipinging construction on the water leakage problem of the retaining wall of I building and L building, and during the construction process, it was confirmed that the water leakage is due to the pipe problem of G building owned by Defendant C.
2) Around April 11, 2017, Defendant C confirmed the fact that pipes buried in the above summary of the G building was broken, along with the former owner of the G building, and on the same day, Defendant C paid KRW 10,000,000 to the Plaintiff as part of the construction cost in order to execute waterproof and pipeline construction for the above G building and the I building. Meanwhile, Defendant D paid KRW 3,000,000 as construction cost to the Plaintiff at the time of the commencement of the above waterproof and pipeline construction, and J paid the Plaintiff KRW 3,00,000 as the construction cost, as the construction cost, as the construction cost.
4) Since May 4, 2017, the Plaintiff discontinued construction with the remainder of the non-construction part on the grounds that the Plaintiff failed to receive construction payment after the payment of construction payment.C. (1) Defendant C’s performance of the relevant lawsuit against B as the Incheon District Court Decision 2017Gadan217099, Apr. 21, 2017.