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1. The part of the conjunctive claim in the instant lawsuit is dismissed.
2. The plaintiff's main claim is dismissed.
3...
Reasons
1. Basic facts
A. On May 10, 2008, the non-party C reconstruction association (hereinafter referred to as the "non-party C reconstruction association") and Saturdays Construction Co., Ltd. (hereinafter referred to as the "towing Construction") concluded a construction contract with the Plaintiff on construction work with the content that the non-party association and the construction of the non-party land 101 apartment units (hereinafter referred to as the "101 apartment units") are newly constructed on the land of Daegu-gu, F, G, and H (hereinafter referred to as the "102 apartment units") and E (hereinafter referred to as the "each land of this case") on the land of the non-party C reconstruction association (hereinafter referred to as the "the land of this case").
On the other hand, at the time of the above contract, the name of the owner of the 101 unit building was 50 non-party union members, etc., and the 102 unit building was built as part of the reconstruction project, and the name of the owner was the non-party union.
B. While the Plaintiff was undertaking a new construction project for 102 units under the said contract, the Plaintiff suspended the said construction project on August 13, 2008, and filed a lawsuit against the non-party partnership and the construction of the land on June 29, 2009 against the non-party partnership and the construction of the land on June 29, 2009 for the payment of the unpaid construction cost, etc. until the discontinuance of the said construction project (hereinafter “the instant existing part”).
(Seoul High Court Decision 2009Gahap546). Between the Plaintiff and the non-party partnership and the non-party partnership, etc., on October 31, 2012, the non-party partnership paid the Plaintiff KRW 1,377,140,000, including the construction cost, etc. for the instant flag portion by three installments until October 31, 2012, and even once the installment payment is delayed, there was a mediation of the following: (a) the non-party partnership and the non-party partnership paid the Plaintiff in three installments, including the construction cost, etc. for the instant flag portion; and (b) the non-party partnership were
C. The non-party association shall resume the construction work interrupted by the plaintiff as provided in the above sub-paragraph (b).