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(영문) 의정부지방법원 고양지원 2017.04.21 2016가합75435
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) and the Counterclaim Plaintiff.

Reasons

1. Basic facts

A. D was registered on April 19, 2008 as the E Forest No. 10,336§³ at the time of Pakistan on March 18, 2013.

(hereinafter referred to as “Fdong-si,” when specifying the lot number of the land, acquired the ownership of the land, and installed a drainage channel below the above land to develop the land as a factory site.

On September 5, 2013, the above land was divided into G forest 99 square meters, H forest 2,143 square meters, 1,321 square meters, J forest 316 square meters, 316 square meters, 623 square meters in J forest 623 square meters, 1,489 square meters in L forest, M forest 1,480 square meters in M forest, 27 square meters in N forest and 145 square meters in forest, respectively.

B. On May 26, 2014, the Plaintiff purchased from D the total area of four lots of L, M, N, andO land divided as above (hereinafter “the Plaintiff’s land”). KRW 3141 square meters for the purpose of constructing a factory building at KRW 1.49 billion.

Since then, on March 4, 2015, the Plaintiff entered into a construction contract with L and M land 2-based plant construction (hereinafter “new plant construction”) with the new construction company, which sets the construction cost of KRW 1,500,000,000,000.

Newly constructed construction was subcontracted to P Co., Ltd. (hereinafter “P”), and P again entered into a sub-subcontract with Defendant B and Counterclaim C with the content that the construction cost for the construction of the said factory was KRW 950 million and the completion date of the completion plan for the new construction of the factory building was determined on May 30, 2015.

C. Defendant B and Counterclaim C performed the construction of the above factory building, and at the time of mid- June 2015, Defendant B and Counterclaim C performed the construction of the said factory building, the flag ratio of the said construction was about 80%.

On the other hand, D on May 16, 2015, to the Counterclaim C above.

A. Of the divided lands as described in the port entry, the K sold 198/623 shares of the K land, and the said K land is adjacent to the Plaintiff’s land, and D above.

A. The drainage way installed as shown in the port entry passes through the above land owned by the Lessee C, and is connected to the Plaintiff’s land.

E. On June 14, 2016, the Plaintiff goes against the Pakistan.

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