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(영문) 서울고등법원 2016.12.16 2015나2006935
공사대금
Text

1.The judgment of the first instance, including the preliminary claims added at the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Basic facts

A. The Defendants divided ownership of the second and third floors among the Seo-gu Building A, Seo-gu, Daejeon (hereinafter “the instant building”), which is an aggregate building of the first and third floors above the ground, and divided ownership of each of the first and second floors. The Defendants were sectional owners of the other floors of the said building. The Defendants: B, G, H, J, Jeju Development Co., Ltd.; and the Intervenor joining the Defendant, who owned the other floors of the said building.

(hereinafter the above sectional owners, including the defendants, 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 alteration of the use by installing elevator and fire-fighting equipment in the building of this case and expanding the third floor part in the building of this case with the entire sectional owners of this case as the owner of the building at the end of around the end of 2009, with the permission of January 29, 2010.

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 contract amount of KRW 2,530,00,000 (including value-added tax) between the Plaintiff and the Plaintiff was entered into a standard contract for private construction works (hereinafter referred to as “the contract for the second case”) with which the contract amount of the instant construction work was awarded to the Plaintiff, and the contract amount of the said contract is “B representing the owner.”

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