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(영문) 서울중앙지방법원 2015.08.28 2014가합592337
유치권 확인 등 청구의 소
Text

1. As to the real estate stated in the attached list, the construction price for the Plaintiff (Counterclaim Defendant)’s Co., Ltd. is 757.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company whose main business purpose is the AL Changho and the Trademark Office Construction, etc., and the defendant is a company whose main business purpose is the trust of land and its fixtures.

Malim Construction Co., Ltd. (hereinafter referred to as "Maelim Construction") is a company, the principal business purpose of which is buildings, civil engineering construction works, etc., which was decided to commence rehabilitation procedures (Seoul Central District Court 2012 Ma91) on June 11, 2012, and obtained a rehabilitation plan approval on November 29, 2012.

원고의 공사와 구분건물 점유 등 원고는 2009. 4. 30. 우림건설로부터 서울 마포구 상암동 1641 지상에 건설되는 ‘상암카이저팰리스’(이하 ‘이 사건 아파트’라 한다)의 AL 창호 및 판넬공사(이하 ‘이 사건 아파트 공사’라 한다)를 3,084,925,000원 당초 공사계약금액은 3,074,101,200원이었으나, 2011. 1. 27. 3,084,925,000원으로 변경되었다.

A subcontract was completed from April 2009 to February 20, 201.

From the end of December 2010 to secure the claim for construction cost during the construction process, the Plaintiff’s possession of real estate indicated in the attached list, which is one household among the apartment of this case (hereinafter “instant partitioned building”) has commenced and has been possessed until now.

On the other hand, friendly construction completed the registration of ownership transfer based on the trust on the same day on January 21, 201 with respect to the partitioned building of this case at the same time on the same day.

The Plaintiff’s claim for the construction price against the Defendant is an order to pay KRW 1,403,96,221 (i.e., the total amount of the construction price of the apartment in this case, including KRW 757,844,452 (i.e., the construction price of the apartment in this case) (i., the total amount of KRW 146,819,654 pertaining to the two parts of the construction price of the Seongdong-Namnam Sea Ballast, and KRW 49,332,115, supra, KRW 757,84,452).

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