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(영문) 서울서부지방법원 2013.11.15 2013가단16292
건물인도 등
Text

1. The Plaintiff:

A. Defendant A, B, and Defendant A Co., Ltd., Defendant A Co., Ltd., and Defendant A Co., Ltd., 56.

Reasons

1. Basic facts

A. A. Around July 2008, G Co., Ltd. (hereinafter “G”) received a contract from H and I for a new construction project for the J-Ground Housing (K) on the ground of Mapo-gu Seoul Mapo-gu Seoul (hereinafter “instant construction”) (hereinafter “Cheongju Construction”) and completed the instant construction project by entering into a subcontract for construction cost of KRW 62,70,000 for the instant construction project.

Since December 8, 2008, G had Defendant B of L, a representative director at the time, possess the real estate listed in the attached Table 1 (hereinafter “instant non-permanent housing”) among newly constructed houses from December 8, 2008, and filed a lawsuit for construction cost claim against the Cheongdo Construction against the Cheongdo Construction.

In the above lawsuit, a settlement was made to pay the construction cost of KRW 62,70,000 to G.

G was merged with Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 19, 2012 after changing the trade name of MD Co., Ltd.

Notwithstanding the above settlement, Defendant A was unable to pay the construction cost at all from Cheongg Construction, and Defendant B occupied and used the instant No. 03 from December 8, 2008 to the closure of the pleadings of this case.

B. Around February 2008, Defendant C subcontracted the portion of the instant construction work with the cost of construction KRW 212.3 million and completed the said construction work.

As part of the construction cost was not paid after the completion of the above construction, Defendant C occupied the real estate listed in the attached Table 2 (hereinafter “instant 101”) among newly constructed houses from around December 5, 2008 with Defendant D, who is the husband, and filed a lawsuit against Cheongju Construction with Seoul Western District Court 2010Gahap521 (Seoul High Court 201Na92642), and Cheongju Construction filed a lawsuit against Cheongju Construction (Seoul High Court 201Na92642). The Cheongju Construction is 124,361,738 won and the construction cost to Defendant C.

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