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(영문) 서울고등법원 2018.09.14 2017나2029581
손해배상(기)
Text

1. Of the judgment of the first instance, the part concerning Plaintiff I, K, Defendants, and the designated parties indicated in the list 2 is as follows.

Reasons

Basic Facts

The Plaintiff J Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) was carrying out the business of newly constructing and selling 13 units of pentland on the Dong-gu 264 square meters of land (hereinafter “instant land”) in Ansan-si prior to the division.

Plaintiff

On June 9, 2010, the company does not distinguish the list of the designated parties because the designated parties listed in the list 1 of the designated parties in the name of BP are part of the designated parties listed in the list 2 of the designated parties.

A contract for the construction of a penture was awarded to T, but on July 25, 2010, the contract was concluded again with T in the name of the Plaintiff Company.

(hereinafter referred to as the “instant construction”). The Appointed re-subcontract subcontracted the instant construction to Defendant AJ, and Defendant 2, 3 and the remaining designated parties performed the instant construction by subcontracting or re-subcontracting a part of the instant construction, or supplying materials, etc.

On April 8, 2011, each building listed in the list of real estate in annexed Table 1 (hereinafter “each building of this case”) was newly constructed on the instant land in accordance with the sequence of real estate list. On April 8, 2011, the preservation registration was completed in the name of the Plaintiffs as shown in the list of ownership in annexed Table 2.

At the time of the construction of each of the instant buildings between the Plaintiffs, the Defendants, and the designated parties, there was a dispute between the Plaintiff Company and the designated parties with respect to construction work, and the Defendants and the remaining designated parties did not receive the construction cost and the goods price properly.

Accordingly, from May 201, Defendant AJ, Appointer W, and AG lost possession of each of the instant buildings from around September 20, 201 while occupying each of the instant buildings and exercising their right of retention on or around September 20, 201, and the Plaintiffs began to occupy the building owned by them.

However, around October 12, 201, Defendant AJ, designated Persons W, and AG are inside the door of 11 Bridges (the building of this case 1 to 5, 8, and 13).

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