건축자재수거 및 보관료청구의 소
Plaintiff (Counterclaim Defendant) pays KRW 23,000,000 to Defendant (Counterclaim Plaintiff). Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The land of this case was owned by D 5/10 shares, E 2/10 shares, and the Plaintiff’s 3/10 shares. The Plaintiff had operated the business of constructing a new building on the land of this case and manufacturing the sn beam beamline, etc. from the place.
B. The Plaintiff kept the sn beamline of the 60 sn beamline produced to be used in the new construction of a factory building (hereinafter “sn beamline”) on the instant land. However, around August 2012, the Defendant requested the Plaintiff to construct three-story houses on the land owned by the Defendant (hereinafter “Defendant”) and concluded a sales contract with the Defendant to use the sn beam beamline for the construction of the said house, and sell the 23,000,000 won of the sn beamline to the Defendant (hereinafter “the instant sales contract”).
On August 31, 2012, the Defendant remitted to the Plaintiff KRW 23,000,000 as the sn beamline price.
(c)
However, around September 2012, the defendant received a plan drawing of multi-household housing from the plaintiff and decided not to construct the housing on the defendant's land.
Since then, around 2015, the Defendant left the Plaintiff with the construction of a single-story warehouse on the Defendant’s land, and completed the registration of ownership preservation of the warehouse on May 24, 2016 when the construction of the warehouse was completed.
However, the sloping beam of this case was not used in the construction of the above warehouse building.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 7, 8, Eul evidence Nos. 1 and 7 (including each number; hereinafter the same shall apply), witness G's testimony, the whole purport of the pleading
2. Determination on the main claim
A. 1) The plaintiff's assertion 1) The defendant purchased the beam of this case from the plaintiff, and the size and quantity of the sloping beam of this case are annexed to the annexed sheet
2. Since the list is the same as the list, the annexed sheet shall:
2. The sn beamline of each sn beamline recorded in the list (hereinafter referred to as “snickline”).