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(영문) 서울북부지방법원 2012.11.28 2009가합11338
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The remaining Defendants except Defendant B, C, D, and E, were awarded a contract from the Defendants and R Co., Ltd. for the construction of the main complex building (hereinafter “instant construction”) and sought payment of the construction cost against the Defendants by the Plaintiff. As for the instant lawsuit, even if the Plaintiff was awarded a contract for the instant construction work, it was awarded a contract from U-Gun reconstruction Association, a non-corporate group established for the instant construction work. Thus, the Plaintiff’s filing of the lawsuit against the Defendants, who were merely its members, was against the unqualified non-corporate entity, and thus, constitutes an unlawful lawsuit against the Defendants. However, in the performance lawsuit, the Defendants’ defense against the Defendant was asserted as the performance obligor by the Plaintiff. Therefore, the aforementioned Defendants’ defense is without merit.

2. Judgment on the merits

A. Basic facts (1) The Defendants are the current members of the U-style Reconstruction Association (hereinafter “instant reconstruction Association”) established for the purpose of implementing the project (hereinafter “instant reconstruction project”) of constructing the main complex building (hereinafter “instant reconstruction project”) of the third underground floor and the 13th underground floor size on around 2005, the third underground floor and the 13th ground-based multi-purpose building (hereinafter “instant multi-unit building”).

(2) On December 19, 2005, the instant reconstruction association built the instant building after receiving the project site and specific charges from the members of the said reconstruction association under the joint and several sureties Co., Ltd. (hereinafter “R”) and R, a member of the instant reconstruction association, from the members of the said reconstruction association. However, among the instant building, the apartment area of 25.7 square meters and 16 households among the apartment buildings, shall be supplied to the members of the said reconstruction association, and the remainder of the building except for the portion of the association members.

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