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(영문) 서울중앙지방법원 2018.05.09 2014가합581467
유치권부존재 확인의 소
Text

1. The Plaintiff:

A. Defendant H, Defendant I, Defendant J, Defendant J, Defendant M, and Defendant.

Reasons

1. The judgment on the Plaintiff’s claim against Defendant B, C, D, E, F, G, H, I, J, K, K and L

A. Basic facts 1) From around October 2007, the Defendants’ conclusion of each construction contract and construction performance (A) from around 2005, the non-party corporation W (hereinafter “W”, and the omission of the entry of the corporation to all the stock companies) who owned each of the instant real estate was engaged in the business of remodelling each of the instant real estate jointly with Non-party X and developing and operating the instant real estate into a riart (hereinafter “instant business”), and entered into a project implementation agreement with X to raise and complete funds.

B) Defendant B’s remodelling work for the instant project from X on March 1, 2008 (hereinafter “instant remodelling work”).

(C) On January 25, 2008, Defendant C concluded a contract with X to enter into a contract with the remainder of the process except for the civil engineering and landscaping among the instant remodeling works, with “from February 1, 2008 to September 30, 2008,” and “13,72,500,000 won for the instant remodeling works.” On May 13, 2008, Defendant C concluded a contract for the alteration of the contract with “10,258,60,000 won for the instant remodeling works,” with the exception of electricity, facilities, civil engineering, and landscaping works.”

After that, on December 10, 2008, Defendant C agreed to change the above construction cost to KRW 7,613,600,000 between X and the above construction work, and Defendant C agreed to do so. D) around February 2008, Defendant C and the Defendant C entered the instant remodeling work from Defendant C (B and C during the construction work period from February 4, 2008 to April 30, 208; and “105,600.”

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