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1. The Defendants deliver buildings listed in the separate sheet to the Plaintiffs.
2. The costs of lawsuit are assessed against the Defendants.
3.
Reasons
1. Basic facts
A. On April 16, 2012, between Defendant C and D, the Plaintiffs entered into a construction contract with the owner of the building, Defendant C, D, construction cost of KRW 483,00,00, and construction period from April 24, 2012 to August 30, 2012 (hereinafter “instant construction contract”).
B. After completing the instant construction work on November 30, 2012, Defendant C and D delivered the instant building to the Plaintiffs. From May 25, 2012 to February 7, 2013, Defendant C and D received construction cost of KRW 445,00,000 from the Plaintiffs.
On the other hand, on December 27, 2012, the Plaintiffs completed registration of preservation of ownership of each of 1/2 shares on the instant building.
C. On December 31, 2012, Plaintiff B entered into a lease agreement with Defendant C and D, setting the lease deposit of KRW 30 million with respect to KRW 101 of the instant building, monthly rent of KRW 1.5 million (including value-added tax), from January 2, 2013 to January 2, 2014. The said lease deposit of KRW 30 million was agreed to deduct the construction payment from the instant construction payment, and the construction payment that Defendant C and D received from the Plaintiffs was KRW 475,00,000.
The remaining Defendants except Defendant C and D (hereinafter “BS Defendants”) are constructors of the instant construction project. The Defendants asserted that they shall exercise the right of retention as they did not receive KRW 237,596,350 of the additional construction cost of the instant construction project from the Plaintiffs. On March 27, 2013, the Defendants occupied the 1 and 3 floors (attached Form) of the instant building.
Grounds for recognition: A, 2, 4, 6, 7, 30, 31 (including numbers for each number; hereinafter the same shall apply) and the whole purport of pleadings.
2. Determination
A. (1) On November 30, 2012, the Plaintiffs asserted that they were entitled to transfer the instant building from Defendant C and D, and occupied it as the owner of the said building.