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(영문) 인천지방법원 2016.11.09 2015가단60343
명도 등
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. On April 12, 2009, the Plaintiff, among the three floors of the F building located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant building”), owned by the Plaintiff, contracted to D with the construction work that substantially repairs into multi-household housing (hereinafter “instant construction work”) with construction cost of KRW 20 million and construction period of KRW 50 million from May 10, 2009 to July 15, 2009.

(hereinafter “instant construction contract”). B.

In the instant construction contract, as well as 302,30,000 square meters among the instant building, part of the construction cost is 302,304, and 306 and 31.68 square meters among 301 square meters (referring to 307 square meters at the time of the contract, but currently 301-1 square meters at the time of the contract) were determined to be paid in kind. Accordingly, on June 14, 2009, the Plaintiff entered into a sales contract with D to sell 306 square meters at the price of 60,000,000 won; ② to sell 31.68 square meters among 302 and 301 square meters among 301 square meters among 302 and 300,000 won among 304 square meters among 304 square meters between Defendant C and Defendant C.

However, prior to the completion of the instant construction project, the said sales contract was concluded to transfer the ownership to a person designated by the purchaser.

C. Defendant B, upon the Plaintiff’s mother’s proposal for the instant construction work and the Plaintiff’s entire construction work, introduced D to take charge of the instant construction work, and concluded the instant construction contract. Defendant B succeeded to the instant construction work upon the waiver of the construction work on July 8, 2009.

Meanwhile, the Plaintiff’s 302, 304, and 306 agreed to pay in substitutes with the Plaintiff, and the construction of the part 301 was delayed, and the construction was completed by the Defendants on July 31, 2009 by August 31, 2009, and the Plaintiff’s 302, 304, and 306 portion as to payment in substitutes with the Plaintiff’s 303rd and 301 portion as to payment in substitutes with the Plaintiff’s 301 portion

".........."

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