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(영문) 서울중앙지방법원 2016.06.17 2014가합506862
점유회수 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s construction on March 6, 2007, each of the instant shopping malls (hereinafter “each of the instant shopping malls construction”).

(C) the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”).

2) The shopping mall of this case is the shopping mall of this case.

(A) A newly constructed construction work is awarded a contract for 17.1 billion won for the construction work, and on March 7, 2007, a sub-construction corporation (hereinafter referred to as “sub-construction”).

2) After the completion of the construction project, the Plaintiff discontinued the construction project on July 2007, since each mountain construction did not pay the construction cost. Around that time, the shopping mall construction was completed from the underground floor to the second floor above ground.

(B) The part of the construction completed by the time is a brickd building of reinforced concrete structure indicated in the attached Form 2 drawings (hereinafter referred to as the "building during the instant construction").

In the instant conciliation, etc., the Plaintiff filed a lawsuit against each of the construction in the Suwon District Court on August 10, 2007 seeking the payment of the construction cost (2007Gahap4872), and on September 22, 2008, between the Plaintiff and each of the construction in the Busan District Court on September 22, 2008, the amount of KRW 1.9 billion shall be paid to the Plaintiff by May 31, 2009. If the respective construction in the instant case delays the said payment, the amount of damages for delay shall be paid in addition to 20% per annum. The supplementary construction in the instant case by the Intervenor gives up all the claims against the Plaintiff related to the shopping mall construction in the instant case.

(C) The Plaintiff’s claim against each of the instant construction works (hereinafter “instant adjustment claim”).

On the other hand, on September 8, 2005, each of the instant real estate was entrusted to Daol Real Estate Trust Co., Ltd. on the other hand, and on December 26, 2008, each of the instant real estate was entrusted to Daol Real Estate Trust Co., Ltd., the trustee, the Daol Real Estate Trust Co., Ltd. (former Mutual Savings Bank Co., Ltd., Ltd.; hereinafter “Korea Savings Bank”).

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