beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, the Defendant, C, D, E, F, G, H, K, and L (hereinafter “owners”), and the owner of the building except the Defendant, were the co-owners and residents of Seongdong-gu Seoul Metropolitan Government and one parcel of land outside of Seongdong-gu (hereinafter “instant land”) and one unit of land on its ground prior to the division (hereinafter “the instant unit of land”). Around October 1999, the Plaintiff, the Defendant, D, E, G, H, H, K, K, and L (hereinafter “the instant unit of building”) intended to promote a reconstruction project for removing the instant unit of land and constructing new apartment and commercial buildings on the instant unit of land (hereinafter “the instant unit reconstruction project”).
B. The Defendant, on behalf of the project owner, entered into a contract for the instant reconstruction construction project with a traffic integrated construction company (hereinafter referred to as “traffic integrated construction”).
C. The Defendant filed a lawsuit under this Court against the remaining owner of the building by asserting that: (a) the Pacific Construction, the contractor of the instant reconstruction project, did not pay the price for the materials including wages, and that as the construction was interrupted, the Plaintiff paid KRW 259,089,00 in total to the Pacific Construction within the scope of authority delegated by the owner of the building for the smooth progress of the construction; (b) the remaining owner of the building is jointly and severally liable for payment of KRW 185,063,571, which is equivalent to the remaining owner of the building, out of the said amount, to the Defendant as a reimbursement for the remainder of the said amount; (c) on May 10, 201, K succeeded to the portion of the land to P on October 18, 201; and (d) L donated co-ownership shares to Q on July 4, 2002; and (c) the remaining owners of building and donors, Q, 2014.
Accordingly, with respect to the plaintiff and G 18,506,357 won respectively and 17,077,785 won among them, from January 1, 2003, 1, 428,571 won, from September 1, 2011 to the service date of the complaint in each of the above cases, 5% per annum from September 1, 201 to the service date of the complaint in each of the above cases.