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(영문) 대전지방법원 2016.01.27 2013가합4436
공사대금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Under the underlying facts, Defendant B and C, as a husband and wife, hold 1/2 shares of each of the parties in relation to the G Primary Apartment Complex (hereinafter “instant building”) which is a primary complex building with the size of 1st basements below the ground and 7th floor above the ground as the husband and wife of the Daejeon Jung-gu.

Defendant C is a 1/2 share holder of the instant land, and the remainder of 1/2 shares of the instant land are owned by H and I, each of which is 1/4 shares of Defendant C.

Defendant D, as the wife of L, the representative director of J Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “K”), who initiated and led the new construction of the instant building (hereinafter “instant construction”), is a person who lent his name to L in relation to the instant construction.

The plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as "the plaintiff et al.") shall be the persons who respectively perform the work of the plaintiff (Appointed Party), the outer finishing work (the plaintiff (Appointed Party), the machinery and equipment installation work (the limited partnership company of the appointed party), the metal, windows, glass, and the miscellaneous and steel construction work (the designated party system creative work corporation) during the instant construction work.

The J, due to the commencement and auction of the instant construction, commenced the instant construction after completing the registration of ownership transfer with respect to the instant land from L on July 16, 2003.

However, the construction of this case was suspended due to the commencement of the auction procedure (Seoul District Court M) filed by the creditor of the company with respect to the land of this case.

On November 20, 2006, Defendant C and N received 1/2 shares of the instant land at the above auction procedure and completed the registration of ownership transfer on November 22, 2006.

Since June 19, 2007, N's 1/2 shares were transferred to H on June 19, 2007 on June 25, 2007 with respect to N's 1/2 shares, and as for Defendant C's O on June 25, 2007, each share was transferred to 1/4.

K and Defendant C around November 12, 2008, with respect to the resumption of the instant construction project and the change in the name of the owner of the instant construction, “Defendant C shall be 1.1 billion won to K.

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