beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On November 3, 2003, I purchased each of the lands listed in [Attachment 1] No. 1 and No. 3 (hereinafter “each of the instant lands”) in the name of K, which is the wife of the Defendants, and decided to newly construct a hotel on the ground of the instant land (hereinafter “instant hotel”) and between April 1, 2004 to November 2, 2004 and the remaining Defendants, other than Defendant G, entered into a contract for each of the instant construction contracts as described in the attached Table No. 2, and entered into a contract with Defendant G to be supplied with goods, such as culs, Buls, beers, and beers.
(2) The remaining Defendants except Defendant G completed the instant hotel in accordance with each of the above construction contracts from April 2004 to February 2, 2005, and completed the instant hotel. Defendant G supplied the above goods worth KRW 52,24,000. On February 1, 2005, I operated the hotel with the trade name “L hotel” after having registered the preservation of ownership of the instant hotel on February 1, 2005.
(3) However, the remaining Defendants except Defendant G received only KRW 409,850,000 out of the total construction cost of KRW 1,539,350,000, as indicated in the attached Table 2 list, and did not receive KRW 1,129,50,000, as stated in the attached Table 2. Defendant G did not receive KRW 52,240,000 from the above goods. Defendant G did not hold a L hotel meeting on November 18, 2006 and possessed the instant real estate from I, thereby exercising the right of retention, and decided to delegate the exercise of the right of retention to M&, the representative director of Defendant A Co., Ltd.
(4) At around that time, M received the instant real estate from I, and stated on the wall of the hotel of this case “this building is the construction company’s possession of possession,” and on the entrance of the sixth floor “this building is occupied by the Attraction (Possession) Committee.”