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(영문) 서울북부지방법원 2016.09.09 2015나36257
건물명도 등
Text

1. The plaintiff's appeal against the defendants is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in construction business, etc., and the Plaintiff is the owner of each of the instant real estate and is the owner of the instant new housing construction project (hereinafter “instant construction project”).

E is a person who has planned to newly construct and sell the instant housing for the same business with the Plaintiff’s delegation, and promoted the instant construction with the Plaintiff’s delegation, and D is a person who has overall control over the design, supervision, execution, etc. of the instant construction.

B. The remaining construction of the instant case was contracted to G Co., Ltd. (hereinafter “G”) for the Plaintiff and E to newly build a four-story multi-household, but around November 2012, the design of the instant housing was changed to three-story multi-household housing, and its size was reduced (the total floor area of 37.3 square meters from 37.43 square meters to 37.36 square meters), and G suspended the said construction in a well-known part of the structural wall.

C. On February 25, 2013, the Defendant Company received a subcontract for interior construction works among the new construction works of the building in Seocheon-gu H located in Seocheon-gu, Seocheon-gu (hereinafter “Tcheon-gu Construction Works”) at KRW 115 million, and received a request from the Defendant Company to complete the instant construction works suspended as above, the Defendant Company performed the instant remaining construction works, such as site rearrangement, remaining charnel works, interior and outside works, and escape works, etc. from March 2013.

D On April 9, 2013, the competent Gu office submitted a written report to change the contractor of the instant construction to the Defendant company with the remaining contract amounting to KRW 70 million from April 1, 2013 to April 15, 2013, the construction period from April 1, 2013 to April 15, 2013.

After that, the remaining construction works of this case were completed excluding parts of flooring construction, but the Defendant Company did not pay the construction cost other than KRW 48 million, which was paid by E and D from April 9, 2013 to July 18, 2013.

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