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(영문) 인천지방법원 2017.09.14 2017가단204628
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are divided owners of the 694.8 square meters and 203.4 square meters and 203.4 square meters (hereinafter “the instant building”) of the 2nd floor factory of the general steel structure and the roof of the 2nd floor, the apartment building, the Dong-gu Incheon Metropolitan City G, which is an aggregate building. The Defendants are divided owners of the land, the object of which is the site right (hereinafter “instant land”).

Of the instant buildings, Defendant B, Defendant C, Defendant C, Defendant A, Defendant A, 104, Defendant D Co., Ltd., Defendant E Co., Ltd., Defendant E Co., Ltd., and Defendant F Co., Ltd., for 106 from 2009 to 2014.

B. In order to protect the building from typhoons, wind and wave, etc., the building of this case is installed at the point where the boundary line of the land of this case and the public waters adjoin, such as the attached photo, with the “Hbubbban embankment” (hereinafter “the instant stone axis”).

The instant stone axis is installed outside the boundary line of the instant land, and is installed above the public waters.

C. On July 26, 2014, there was a need to implement restoration work due to the collapse of part of the instant stone axis due to a storm, etc., but the construction was delayed on the grounds that the owner and management authority of the instant stone axis are unclear.

On June 29, 2016, Defendant A filed a civil petition on behalf of the Defendants, and as a result, three persons, including the chief of the Incheon Regional Maritime Affairs and Fisheries Office, the head of Dong-gu Incheon Metropolitan City, the civil petitioner representative, and Defendant A, entered into an agreement with the Incheon Regional Maritime Affairs and Fisheries Office (hereinafter referred to as the “instant agreement”) that “A person who is responsible for performing restoration works by bringing the construction cost priority into the construction cost, and agrees to bear the construction cost if the responsible entity is determined through a subsequent lawsuit (hereinafter referred to as “instant entity”).

E. After completing restoration work with the construction cost of KRW 82,300,000, the Plaintiff filed the instant lawsuit against the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and pleadings.

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