정산금
1. The Defendant’s KRW 81,738,786 for the Plaintiff and its related KRW 5% per annum from May 21, 2014 to June 11, 2014.
1.The following facts do not conflict between the Parties:
On May 7, 2009, the Plaintiff purchased a site D 291m2 in Busan-gu, Busan-do (hereinafter “instant land”) from C for KRW 185,00,000.
B. Around July 2009, the Plaintiff sold 1/2 shares of the instant land to the Defendant at KRW 92,500,000, and entered into a partnership agreement with the Defendant to sell one-half shares of the instant land (hereinafter “instant partnership agreement”) and distribute one-half of the proceeds from sale by newly building and selling loans on the ground of the instant land, and to bear one-half of all the construction costs, financial costs, acquisition tax, and registration tax, etc. incurred in newly building and selling the said loans, and to bear one-half of all the construction costs, financial costs, acquisition tax, and registration tax.
C. On July 26, 2010, the Plaintiff completed E (hereinafter “instant building”) on the ground above the land, and thereafter, the original Defendant sold the second floor of the instant building to F, and the third floor to G.
On the other hand, the original defendant decided that the fourth floor of the building of this case belongs to the defendant, and accordingly, the defendant directly performed the construction of the interior facility of the fourth floor in the construction process of the new building of this case, and currently resides in the fourth floor above.
2. Determination on the cause of the claim
A. (1) In constructing the instant building, the Plaintiff paid the construction cost of KRW 291,847,682 in total. The Defendant spent the construction cost of KRW 17,467,00 in total, and paid KRW 87,200,00 to the Plaintiff.
(B) Meanwhile, since KRW 13,408,00 was disbursed for the cost of the interior facility construction of the first floor of the instant building, the Plaintiff should bear KRW 6,704,00, out of the cost of the interior facility construction of the fourth floor of the Defendant’s dwelling.
(C) Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 86,886,341 [ [291,847,682 - - (87,200,000 won)] x 1/2-6,704,000] and delay damages.
(2) Determination (A) The original Defendant’s construction costs of the instant building are 1/2.