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(영문) 의정부지방법원 2018.03.29 2016나11340
추심금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. On August 30, 2002, the Defendant completed the registration of ownership transfer on the ground of sale on July 28, 2002 with respect to X-1942 square meters (hereinafter “instant land”).

B. On December 4, 2012, the Defendant concluded a contract with Z to sell the instant land at KRW 800,000,000.

C. On April 15, 2013, the Defendant obtained permission for development activities and building permission from the competent authority.

On January 13, 2014, the Choho Construction Industry Co., Ltd. (hereinafter referred to as the “Choho Construction”) concluded a construction contract (hereinafter referred to as the “instant contract”) with respect to construction works for urban-type residential housing (hereinafter referred to as “instant construction”) on the instant land as a contractor, with the construction cost of KRW 2,874,620,00, and with respect to construction works from January 13, 2014 to July 30, 2014. The “project owner” in the instant contract form “the owner: the Defendant’s name is written and affixed the Defendant’s seal on the side of the name, and the “owner’s agent and executor’s agent” in the following part was written and sealed with the name of the Z.

E. When performing the instant construction in accordance with the instant contract, Hoho Construction ceased construction due to the failure to pay construction cost after completion of approximately 40% of the construction cost, and thereafter completed construction completion until completion.

F. The Plaintiffs, as employees of Samho Construction, provided labor at the instant construction site from January 2014 to April 2014.

G. On January 14, 2015, the Plaintiffs filed a lawsuit against Samho Construction seeking the payment of unpaid wages, and won the entire decision in favor of the Supreme Court Decision 2014Gahap8032 Decided January 14, 2015, and the said decision became final and conclusive on February 5, 2014.

The Plaintiffs are against the Defendant of Hoho Construction, who had the right to claim non-paid wages against Samho Construction as the preserved right, by the order of provisional seizure of claim 2014Kadan50632 dated November 28, 2014.

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