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(영문) 대전지방법원 2018.06.20 2017가합100912
공사방해금지 등 청구의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Based on the facts, Defendant 1, Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”), purchased Nos. 940, 941, and 942 (hereinafter “instant land”) on April 24, 2015, as the parties to the instant land (hereinafter “the instant construction”) and entrusted the instant land to Defendant 1, Korea Land Trust Co., Ltd. (hereinafter “Defendant Korea Land Trust”), thereby executing the construction work of LTBF Office on the said land (hereinafter “instant construction”).

A land trust in Korea (hereinafter referred to as “Defendant PP”) is a construction contractor that received the instant construction from Defendant Korea’s land trust, and Defendant PP Construction Co., Ltd. (hereinafter referred to as “Defendant PP”) is a construction contractor that was selected as a substitute for the rehabilitation obligor on February 1, 2017 when the Defendant Korea Land Trust notifies the rehabilitation obligor of the termination of the instant construction contract.

On November 18, 2015, in order to build a new building by sale-type land trust on the instant land, land and construction is entrusted to the Defendant Korea Land Trust, and the Defendant Korea Land Trust entered into a land trust agreement with the content that the construction is to contract the construction to the rehabilitation debtor.

On the same day, the Defendant Korea Land Trust concluded a sale-type land trust contract with the content of contracting and selling the construction by being entrusted with the instant land on the same day.

On the other hand, the Defendant Korea Land Trust concluded a contract for the instant construction project with the debtor on the same day (hereinafter “instant contract”) in accordance with the said land trust project agreement, and the relevant part of the case is as follows.

The name of the construction project: The contractor for the construction of the Daejeon Sejong-dong Office Officetel: the contractor for the construction of the land trust in Korea.

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