(영문) 춘천지방법원영월지원 2015.06.11 2013가합1107

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(영문) 춘천지방법원영월지원 2015.06.11 2013가합1107

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 2003, Pakistan Construction Co., Ltd. started the business of newly building and selling a fence on the land (hereinafter “instant land”) and 23 lots (hereinafter “instant land”) and suspended the construction due to default.

B. Accordingly, the buyers of the above pentle were assigned all rights to the instant land and buildings on the ground by forming the “Eman Association” (hereinafter “the instant association”) and acquiring the ownership of the instant land and buildings from Pacific Construction Co., Ltd.

C. On June 2006, Defendant C, the representative of the instant association, entered into a construction contract with the Plaintiff engaging in the construction business under the name of “F” (hereinafter “instant construction contract”). Under the contract, the Plaintiff completed the construction work of 31 households of penture (hereinafter “instant penture”) by May 2009, and the instant association completed the registration of ownership transfer and the registration of ownership transfer of the instant penture in the name of its members, including Defendant C.

The Plaintiff completed the registration of the right to claim transfer of ownership based on each of the trade reservations in the name of Dong-in, Dong-in, Dong-in, Dong-in, Dong-dong Nos. 101, 102, 201, 202, Na-dong No. 101, 102, 201, and 202 in order to obtain the obligation to pay the unpaid construction cost under the instant construction contract on December 11, 208.

E. On April 17, 2009, upon the application of the Korea Credit Guarantee Fund, which is a mortgagee, the voluntary auction procedure was initiated on the part of the instant land. On June 27, 2009, the instant union organized a special general meeting on June 27, 2009 to promptly cope with the progress of the auction by the Korea Credit Guarantee Fund and to resolve the issues such as the bankruptcy of the association that will occur in the future, and resolved to appoint H as the chairperson and delegate all the powers of the association with regard to the operation of the association and the

On the other hand, this is the same.

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