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(영문) 서울중앙지방법원 2016.05.25 2015가합545857
건물명도
Text

1. The defendant, among the land size of 634.1 square meters in Bupyeong-gu, Incheon Metropolitan City D, the defendant, in sequence, has each point indicated in the annexed drawing Nos. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. The conclusion of a contract for reconstruction construction works with members E is 1) land of 634.1m2, Bupyeong-gu, Incheon, Bupyeong-gu (hereinafter “instant land”).

F, G, H, I, J, K, L, M, M, N,O, P, Q (hereinafter referred to as “F, etc.”) which is the sectional owners of the above-ground row and the above-ground row housing.

(2) The building of 14th floor (8 households of officetels and 17 households of multi-family housing; hereinafter “instant building”) on the ground of the above land is removed.

Around January 2005, F et al. concluded a construction contract with E Co., Ltd. (hereinafter “E”) with respect to the construction work of the instant building (hereinafter “the instant reconstruction work”). Around January 2005, F et al. entered into a construction contract with E Co., Ltd. for construction work of the instant building (hereinafter “the instant reconstruction project”).

E had S, a construction business operator, entrusted the above construction work, and transferred the entire claim for the construction cost of KRW 1.87 billion to S. Around December 2005, S requested payment of the construction cost after completion of the 8th floor of the instant building, and suspended the progress of the construction work.

3) On March 28, 2006, F, etc. terminated the contract for construction work with E on the ground that E transferred its claim for construction cost in violation of an agreement prohibiting the assignment of claims under the contract to E. The instant construction work was partially carried out from February 2006 to April 2, 2006 at the said construction site and transferred its right to the said construction site to T. In the process, the instant reconstruction work was not properly carried out due to the occurrence of dispute over the construction cost between E and E. (B). (1) F, etc. (i) After the termination of the contract for reconstruction work with E and delayed the construction work due to the said circumstances, F, etc. (i) decided to allow E to carry out the instant construction work, and on December 26, 2006, the contract for reconstruction work with U (U) corporation (hereinafter “U”) with the representative director and the instant reconstruction work.

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