소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic fact that the construction contract of this case was entered into
3. Date of commencement: The date of completion on July 20, 2015: The contract amount on October 20, 2015: 1,460,000,000 won - VAT Map (7%) separately (7%).
8. The completed portion: 11. The rate of liquidated damages shall be 1/1,00 [1] / [1] / [1] / [2] / [3] / [3] / [4] / [4] / [3] / [4] /] / The amount calculated by multiplying the contract amount by the rate of liquidated damages in the contract for each
Matters of special agreement
9. The construction expenses shall be paid after the completion of full responsibilities; and
A. On July 17, 2015, with respect to the construction of a newly built multi-household house on the ground of Gyeonggi-gu D (hereinafter “instant construction”), a contract for the instant construction work was prepared on July 17, 2015 with the contractor E, F, and G, and the contractor as the Plaintiff. Of the contents thereof, the parts related to the instant construction are as follows:
B. Since then, the owner of the instant construction was changed to C, and C succeeded to the status of the contractor under the instant construction contract.
The instant corporation was completed on November 11, 2016.
C. On March 9, 2017, C completed the registration of ownership preservation on the instant real estate, which is a part of the instant construction object, and on the same day, C’s representative director L is the same as the husband M of C, and C is the inside director of the Defendant.
In the future, the registration of ownership transfer was completed on February 13, 2017 on the ground of sale.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-3, 7, Eul evidence No. 1, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. On July 20, 2015, the Plaintiff and C changed the instant construction cost to KRW 1,712,00,000,000, and the Plaintiff completed the instant construction work.
Therefore, the Plaintiff has a claim for the construction cost of KRW 464,00,000 against C (i.e., contract price of KRW 1,712,00,000) - KRW 700,000,000 that has been transferred to H - KRW 500,000 that has been transferred to I - KRW 48,00,00 that has been transferred to J.