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(영문) 인천지방법원부천지원 2014.10.02 2013가합2091 (1)
양수금
Text

1. The Plaintiff:

A. Defendant E, F, G, H, I, J, K, L, M, N, P, Q, R, and T are jointly and severally liable for 2,602,209,80 won and any other similar.

Reasons

1. Claim for acquisition money against the Defendants other than Defendant C market reconstruction association

A. 1) The Plaintiff is a W (a building newly built due to reconstruction of the C market) located in Seocheon-gu, Seocheon-si AB.

hereinafter referred to as “instant commercial building”).

) Of the three floors 301, “AC Syna” (hereinafter referred to as “instant Syna”).

Defendant E, F, G, H, I, J, K, L, M, M, N, P, Q, R, R, T, and Non-Party NetworkV (general 17 members; hereinafter referred to as “three-story members”).

The Defendant Cmarket Reconstruction Association (hereinafter “Defendant Association”) that made it possible for the Plaintiff to have a share in the existing C market ownership area with respect to the third floor of the instant commercial building.

Defendant X, X, Y, Z, and AA are co-inheritorss of netV. 2) The three-story members agreed to jointly operate the instant shopping mall in 301 and divide their profits.

Pursuant to the above agreement, the deceased U (the deceased around April 2008 and the non-party D limited the deceased) who was the president of the defendant's association was dissolved on December 2, 2013 on behalf of the members on April 22, 2004 when the construction of the commercial building was in progress.

hereinafter referred to as 'Has Scen'.

A) On November 30, 2004, the construction cost of KRW 2.87 billion, and the completion date of construction of the instant building was set as the date of November 30, 2004, and each contract was made for the interior works of the instant Dogna, respectively. 3) As the construction works of the instant building were delayed from November 2004, there was a delay in the construction of the instant Dogna, and it was completed on January 2009, but it was not paid KRW 2.8 billion out of the construction cost from the third members, the contractor.

As a result, H.C. transferred the right of retention to the Plaintiff on January 17, 201 while exercising the right of retention on the instant commercial building.

Since 4, January 21, 201, Defendant T, F, S, and Q representing members of the 3rd floor were between the Plaintiff and the Plaintiff.

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