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(영문) 서울북부지방법원 2019.01.15 2018나35194
공사비 등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 2 to 6, 10, and Gap evidence 17-1 to 5, either in full view of the purport of the whole pleadings:

As a executor, the Defendant newly built and sold the “A Apartment Apartment” of the size of the 3rd underground and the 9th ground surface on the land outside Dobong-gu Seoul Metropolitan Government, and the instant condominium is a main complex building consisting of 123 households and 14 households of the apartment house.

(hereinafter referred to as “instant apartment household,” and the 14th household unit of a commercial building is called “instant apartment household” (hereinafter referred to as “instant commercial building household”). B.

Around December 2005, despite the sale by a household exceeding a majority of the prearranged occupants of the instant aggregate building, the Defendant did not notify the occupants pursuant to Article 43(1) of the former Housing Act (amended by Act No. 7959, May 24, 2006; hereinafter “former Housing Act”). D Co., Ltd., a contractor of the instant aggregate building, entered into a contract with E Co., Ltd. (F) to entrust the management of the instant apartment household (excluding the instant shopping household) from October 1, 2005 to September 30, 2006.

(The above entrustment contract was renewed by December 2014 between the defendant and E corporation).

At that time, the Defendant owned 40 multi-family housing units and 11 commercial buildings remaining after the sale of the instant condominiums (at present, the Defendant asserted that the apartment buildings were already disposed of), and G moved into H from among the apartment households of this case around September 2012.

E On May 21, 2014, the E Co., Ltd. entered into a contract with Company I for “A apartment outer wall re-design and windowing construction work” (hereinafter “instant painting construction work”) as KRW 4,1250,000 for construction cost (including value-added tax). On May 27, 2014 and June 23, 2014, KRW 4,1250,000 for construction cost to Company I.

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