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1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
3...
Reasons
1. Basic facts
A. As executor, A Intake Construction Co., Ltd. (hereinafter “HA Construction”) newly built and sold B apartments (hereinafter “instant apartments”) outside C and 110 parcels (hereinafter “the instant apartments”), the lender constructed the instant apartments, and the Defendant worked as D for the construction site of the instant apartment from December 2, 2008 to February 2, 2010.
B. On February 15, 2007, the Plaintiff entered into a construction subcontract with the construction period from February 15, 2007 to April 30, 2009 with respect to the construction of machinery and equipment (hereinafter “instant construction”) among the instant apartment construction works, with the construction period fixed from February 15, 2007 to April 30, 2009, and entered into a contract to change the construction cost to KRW 1,978,716,54, and thereafter, the Plaintiff entered into a contract to increase the construction cost to KRW 2,03,358,426.
C. On December 5, 2008, the issue of the progress of the instant construction arises due to the financing problem of a lender, and on January 2, 2009, HA Construction and a lender construction and a buyer extended the scheduled date of occupancy of the instant apartment on or around June 2, 2009. In the event that a buyer advance payment of a balance, HA construction agreed to provide benefits, such as providing registration fees and reimbursement of directors’ expenses when a buyer moves into a buyer, and HA construction concluded a contract on December 30, 2008 to the B occupant council (hereinafter “occupant council”) composed of buyers of the number of buyers of the instant apartment housing in order to prevent the utilization of the outstanding balance as above.
The partner companies of the new apartment construction in this case, including the plaintiff, constituted a lender construction subcontractor council (hereinafter referred to as the "contractor council") on the ground that if the tenant council pays the construction cost to the subcontractor through the construction of a lender, the creditor's construction account would not receive the construction cost if the creditor's account is attached.
The Consultative Council of Subcontractors shall be between the Consultative Council of Residents on February 11, 2009.