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(영문) 수원지방법원여주지원 2019.01.31 2016가단56818
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 26,168,563 and the amount thereof on January 20, 2015.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On January 25, 2013, the Plaintiffs entered into an agreement with F as the executory company to construct multi-household housing (multi-household housing) on the G land in the leisure city co-ownership of the Plaintiffs (hereinafter “land before subdivision”). The F entered into a contract on construction of the said multi-family housing with H Co., Ltd. on March 22, 2013.

The Plaintiffs received a building permit for multi-household housing (multi-household housing) on the land before subdivision around May 3, 2013.

B. On November 16, 2013, the Plaintiffs entered into a contract with Defendant C on the same content as the attached Form (hereinafter “instant contract”) with regard to the new construction of a multi-household (8 households) above the area of 817 square meters (hereinafter “instant land”).

C. The instant land was divided into the land before subdivision on August 1, 2013, and J-forest was divided into the land before subdivision on February 13, 2014, and the J-forest was divided into the land before subdivision on February 13, 2014, and the land category was divided into the land before subdivision on February 13, 2014, and the land before subdivision on February 13, 2014. The instant land was divided into the land before subdivision on February 13, 2014. The instant land was divided into the land before subdivision on August 31, 2015 and owned by the Plaintiffs, M, and N, while the instant land was divided into the said J-forest on August 31, 2015. The instant land was owned by P, the owner of the said J-forest as of August 31, 2015.

(hereinafter referred to as "each of the above lands shall be indicated at least once).

On December 16, 2013, the provisional attachment registration for Q 245,901,000 won for the land before subdivision, the instant land, J, and K land, and the provisional attachment registration for the claimed amount of KRW 23,680,000 was completed on January 10, 2014 by R Co., Ltd (hereinafter “R”), respectively.

E. According to the instant contract, the Defendant continued to perform the structural construction of the instant building up to the third floor and the fourth floor of the instant building, and suspended the construction on or around March 2014, and thereafter, the Plaintiffs were to the S Co., Ltd. on the fourth floor and the rooftop of the instant building.

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