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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendants are married with the husband and wife. 2) Defendant E completed the registration of ownership preservation on October 16, 2015, and completed the registration of ownership transfer on the ground of trust in the future of the K non-real estate trust company on the same day.
B. On May 1, 2015, Defendant D concluded a contract for the instant construction project with H that operates “G” as of May 1, 2015, setting the contract price of KRW 360,000,000 (hereinafter “instant construction project”).
(2) On May 10, 2015, H subcontracted the construction of the building of this case to Plaintiff A at a contract price of KRW 95 million. On May 20, 2015, H subcontracted the construction of the building of this case at a contract price of KRW 36 million. On May 20, 2015, H subcontracted the construction of the building of this case at a contract price of KRW 16 million with Plaintiff C on May 20, 2015.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings
2. Determination
A. The Plaintiffs, the cause of the claim, completed all subcontracted construction of the instant building, but did not receive the money stated in the purport of the claim for the construction cost from H.
H concluded a subcontract with the Plaintiffs that the Defendants may directly receive the construction cost, so the Defendants are obligated to pay the remainder of the construction cost to the Plaintiffs.
B. The Defendants asserted that the lawsuit of this case filed against the Defendants, not H, is unlawful, since the parties to a subcontract with the Plaintiffs are H, the Defendants’ determination as to the defense prior to the merits of this case by the Defendants.
However, in the lawsuit of performance, the defendant's eligibility is recognized as a person who designates the plaintiff's obligation to perform the matter of lawsuit, and whether there is a obligation to perform.