손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On July 21, 2011, the Defendant, C, and D (hereinafter “Defendant, etc.”) entered into a contract with the Plaintiff on the construction of five households’ detached houses on the ground of Gangwon-do Incheon-gun E, Gangwon-do, and 3,631 square meters (hereinafter “instant land”) (hereinafter “instant construction”).
B. On October 31, 201, the Plaintiff filed a lawsuit against the Defendant et al. claiming construction cost as the Seoul District Court Branch 201Gahap2721, as the Plaintiff did not receive construction cost for civil engineering works among the instant construction works.
On January 11, 2012, the Plaintiff concluded a new contract for the standard construction work contract with the Defendant, etc. with respect to the instant construction work. On January 12, 2012, the Plaintiff withdrawn the said lawsuit. On January 19, 2012, the Defendant paid KRW 30,000,000 to the Plaintiff.
C. On August 14, 2012, as F of the Chuncheon District Court, a voluntary auction was conducted with respect to forest land E, Gangwon-gun, Gangwon-do, divided from the instant land (hereinafter “land after division”) with regard to KRW 1,693 square meters of land divided from the instant land.
On January 10, 2013, the Plaintiff and the Defendant drafted an agreement (Evidence A No. 8, hereinafter “instant agreement”) to the following effect:
1. The Defendant sells the instant land in KRW 700,000 to the Plaintiff.
2. The land price shall be preferentially paid out of loans or sale price after the completion of a building, and the methods of payment shall be cash.
3. The Plaintiff shall pay the full amount of the Defendant’s taxes incurred after the transfer.
4. The documents required for the multi-family house to be newly constructed shall be provided in good faith by the defendant;
5. The defendant shall not be liable and bound in any case as to the construction work.
6. The Plaintiff borrowed 50,000,000 won for the guidance of new housing construction as the construction wage. The Plaintiff shall pay the Defendant a total of KRW 750,000,000,000,000,000,000 for the land price of KRW 700,000,000, and the Defendant shall pay the Plaintiff a total of KRW 50,000,000 for the said construction cost of KRW 50,000,000 until January 18, 2013, and the remainder of KRW 30,00,000 shall be paid until February 28, 2013.