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(영문) 서울서부지방법원 2018.10.26 2018가단213906
예치금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) B Co., Ltd. (hereinafter “B”).

(2) The owner of the 1st floor and the 7nd floor building in Mapo-gu Seoul and one parcel, including Dong, acquired the ownership by purchasing a considerable portion of the above building including the 1st floor through the public sale procedure, etc., and on August 2, 2012, acquired the said remodeling project right from B.

D is the owner on the register of No. E, etc. among the above buildings as of the date of closing the argument in this case.

B. D was pointed out that a part of the construction was not carried out at the time of the on-site inspection by the public official in charge of the Defendant’s affiliation, and that the drawings and the construction was different.

C. Around January 2013, D requested that the Defendant:

The electricity process (The Homephones, CCTVs, bathing phoness, and the main cash TV) has ordered the F Co., Ltd., which is an electrical/facility subcontractor, but refuses to comply with the order of the F Co., Ltd., but has notified the F Co., Ltd., of his/her opinion that he/she will strongly respond to the request for damages at the time of unilateral direct management works, and is in the situation of not being bound by our own telephone. The households and items for which the Corporation (such as the installation of materials) can carry out the construction (such as the installation of materials) for the defective machinery, the households and items for which it is impossible to carry out the construction (such as

D. The Defendant did not perform the installation work of outer walls, windows and ample-, ample-, ample-, and ample-, but the approval for use is granted at the intervals of not impeding the use of buildings. Once approval for use is granted, in order to resolve uncertainty that construction work may not be performed on each of the above non-construction parts, the Defendant paid KRW 40,000,000 in cash from D with the cash other than the revenue and expenditure around February 6, 2013 and then requested the return of each of the above construction after completing it in accordance with the inspection for use (the completion drawings).

3.

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