(영문) 광주지방법원 2020.07.17 2019가합52343

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(영문) 광주지방법원 2020.07.17 2019가합52343

손해배상(기)

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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. On March 16, 200, the Plaintiff and the Plaintiff’s mother as the owner of the building to newly construct an officetel and to change the name of the owner of the building, the Plaintiff and the Plaintiff’s mother as the owner of the building obtained a building permit for one underground floor and nine-story neighborhood living facilities (hereinafter “instant officetel”) with the size of the 1st floor above the ground level on the south-gu Seoul and H land. On August 19, 200, the Plaintiff added I land (hereinafter “instant land”) on August 19, 200, and obtained a building permit to change the size of the instant officetel into the 11st floor above the ground level and the 11st floor above the ground level

On April 4, 200, the Plaintiff reported the commencement of construction and changed the name of the owner to J Co., Ltd. (K Co., Ltd. and hereinafter “Co., Ltd.”) established on August 25, 2003.

A truster of a certificate of change of the name of a project owner: A trustee of M of the representative director of J (State): C of the representative director

4. In the case of if all the conditions are met, but it is substantially impossible to carry out the construction due to the trustee's circumstances, you will promptly return the execution and the right of execution through a change of the persons concerned.

However, on November 23, 2004, the terms and conditions of the contract and the special agreement for the construction work on January 17, 2005, all the above provisions are effective, and the commencement of construction work should be possible, and if the terms and conditions of the contract are not fulfilled, the amount of damages due to the failure to perform the contract shall be calculated by 0.1% per day from the contract date to the date on which the contract is to be returned.

On August 3, 2005, J and the Plaintiff on August 3, 2005, for the remaining construction works of L (B, hereinafter “L” or “Defendant B”) and the instant officetel, as follows:

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