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(영문) 서울중앙지방법원 2016.07.15 2015가합502317
위탁금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Dong bank, Dong bank, Green Construction Co., Ltd. (hereinafter “Dong bank Construction”) was in default while constructing apartment buildings in ASEAN City E (hereinafter “the apartment of this case”).

In 2004, registration of preservation of ownership in the name of Dong bank construction has been completed for the above apartment that had been under construction.

B. The Yongsan Mutual Savings Bank Co., Ltd. (hereinafter “Puak Mutual Savings Bank”) purchased the above apartment at an auction procedure to exercise the security right applied by it and completed the registration of ownership transfer on June 25, 2009. Meanwhile, on the other hand, it was decided to prohibit the transfer of possession against New Puan Puan Co., Ltd., Ltd., which occupied the above apartment at the time of completing the registration of ownership transfer ( Daejeon District Court Decision 2009Kadan212

C. On May 15, 2012, Plaintiff A, the representative director of G Co., Ltd. (hereinafter “G”) who was involved in the sale of the above apartment, was selected as the representative of the council of lien holders of the above apartment, and was delegated all of the powers regarding lien negotiations, conclusion of contracts, and receipt of agreed amount, etc. by the Yesan Housing Co., Ltd., Ltd., in the name of G on June 26, 2012, which claimed lien, including the Plaintiff B and the vice-contractor construction who participated in the above construction, and participated in the above construction under G’s name.

On July 11, 2012, Defendant C (hereinafter “Defendant C”) concluded a service contract with Plaintiff A to manage the apartment site (hereinafter “the first service contract”) and managed the said site by inserting human resources.

However, as the above plaintiff did not pay the service cost, the same month as September 1, 2012.

3. In demanding the said Plaintiff to pay the labor cost by September 5, 2012, “if the service cost is not paid by September 5, 2012, there is no liability for the said Defendant’s failure to perform the security service from September 6, 2012” (hereinafter “instant termination notice”).

E. On July 2012, 201

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