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(영문) 서울중앙지방법원 2017.06.22 2017나3894
손해배상(기)
Text

1. Of the judgment of the first instance court, KRW 110,00,000 against the plaintiffs against the defendant and its related thereto from July 11, 2015 to June 22, 2017.

Reasons

1. The following facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the whole purport of the pleadings in Gap evidence 1, Gap evidence 3, 4, Gap evidence 7 to 10, Gap evidence 14 to 16, Gap evidence 22 to 25, Gap evidence 30, Gap evidence 31-1, Gap evidence 32, 33, Gap evidence 35, Eul evidence 1 to 6, Eul evidence 1 to 8 (including each number).

The plaintiffs' claim for the construction cost and lien 1) The actual contractor for the new building of E is H and E are considered to have leased the names of H and E, but in this case, E and H are not required to be divided into two, and it is indicated as E without distinction between the two. On February 10, 2004, on August 4, 2008, the name of the Seoul Special Metropolitan City Gwangjin-gu M& Dong was changed from the Seoul Special Metropolitan City Gwangjin-dong, Seoul Special Metropolitan City (hereinafter referred to as "the building of this case"). The five-story building consisting of 16 households of the main complex building on the N ground.

(2) On June 7, 2005, the building of this case was approved on June 7, 2005, and E completed the registration of initial ownership on June 10, 2005.

3) On June 4, 2005, with respect to the payment of the construction price between E and Sejong Integrated Construction Co., Ltd., the Plaintiffs paid directly the Plaintiffs the unpaid construction price of KRW 1,015,804,00 (excluding value-added tax of KRW 120,00,00), and the Plaintiffs agreed to exercise the right of retention for 11 households, including the 302, 303, 402, and 403 of the instant building, in order to secure the above construction price claim, until the payment of the construction price is made in full. 4) The Plaintiffs filed an application with the Seoul East District Court for the payment order against E as Seoul East District Court No. 2005,1676, and on October 19, 2005, “E from the above court” respectively.

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