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1. The preliminary claims added by this Court are dismissed.
2. The Plaintiff and the Intervenor succeeding to the Plaintiff’s lawsuit costs.
Reasons
1. Case summary
A. The Defendant and the Taeok-Nei Co., Ltd. (hereinafter “Defendant et al.”) divided ownership of the second and third floors among the Seo-gu A building, Seo-gu, Daejeon (hereinafter “instant building”), which is an aggregate building of the third floor above the ground, and the third floor, respectively. The Defendant and the Intervenor were sectional owners with respect to the other floors of the said building.
(hereinafter the above sectional owners including the defendant et al. refer to all the above sectional owners, "the entire sectional owners of this case", and "the 12 sectional owners of this case" when excluding B.
L A certified architect applied for permission for the alteration of the purpose of construction, substantial repair, and use by installing elevator and fire-fighting equipment in the building of this case and expanding the third floor area in the building of this case with the entire sectional owners in the head of Seo-gu Daejeon Metropolitan City around the end of 2009 as the owner, according to the delegation of the entire sectional owners in this case. The permission was granted on January 29, 201.
C. B around the above permission, the building of this case was included in the contract amount of KRW 2,00,000,000 (including value-added tax) between the Plaintiff, a construction company, at the time of the above permission.
The standard contract for private construction works (hereinafter referred to as the “instant construction contract”) under which the Plaintiff contracts for construction works (hereinafter referred to as “instant construction works”) as referred to in paragraph (1) shall be prepared and reported to the head of Seo-gu Daejeon Metropolitan City, Daejeon, accompanied by the above contract. The contract was entered in the order box of the said contract as “B and 12 persons,” and the B seal is affixed thereon.
B. On June 10, 2010, the Plaintiff entered into a standard contract for private construction works (Evidence A 1-1, hereinafter referred to as “instant contract for second works”) with the content that the contract amount of KRW 2,530,000,000 between the Plaintiff and the Plaintiff (including value added tax).