약정금
1. The plaintiff's appeal and the claim extended in the trial and the additional preliminary claim are all dismissed.
2. Appeal;
1. Basic facts
A. On July 27, 2006, after receiving a new construction contract for an officetel on the ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetel”), the Defendant subcontracted the construction work amount of machinery and equipment and fire fighting construction to the Dong Branch Co., Ltd. (hereinafter “Dong Branch Co., Ltd.”) with the construction cost of KRW 3.245 million.
B. On November 3, 2006, the Plaintiff agreed to receive a sub-subcontract in the amount of KRW 370,000,000 (hereinafter “the first construction”) for the payment of the construction cost from the Dozine airspace.
C. Meanwhile, the Defendant issued the instant officetel 13 households’ sales contract prepared by the executor for payment in lieu of the price for the construction work, and among them, the sales contract for the 33.8 square-type officetel 1202, which was received by the Plaintiff, states that the sales price is 286,972,00 won, and that the Defendant was transferred from the Defendant to the Plaintiff as of January 30, 2007 as of January 30, 2007, and again, from the East-type officetel to the Plaintiff.
After that, the Defendant asserted that the Plaintiff demanded the payment of a large amount of construction costs and refused to accept the registration of officetels No. 1202, and that the Plaintiff filed a lawsuit against the Seoul Southern District Court 2010Kadan9591 on February 8, 2010 that “the Plaintiff shall take over the registration procedure for the transfer of ownership based on the sale contract of January 30, 2007 from the Korea Asset Trust Co., Ltd., the nominal owner of the said officetel,” and on August 16, 2010, the conciliation was established to have the Plaintiff take over the registration of officetels No. 1202.
Accordingly, on October 1, 2010, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to officetels No. 1202.
【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, Eul 3, Eul 3, 4, and 8, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s primary claim is ① Machines and equipment and fire fighting works among the new construction works of the instant officetel from the Defendant.