구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The defendant of the purport of the claim shall make the plaintiff 109,112.
1. The reasons for this court’s acceptance of the judgment of the court of first instance are as follows: (a) the part of the 6th judgment of the court of first instance, “the person who received the payment in substitution,” which was corrected as “the person who received the payment in substitution,” and (b) the defendant added or emphasized this court
2. The reasoning for the judgment of the first instance is the same as that for the addition of an additional determination, and such determination is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant asserts that, in order to take effect as payment in substitutes, the registration is completed, and that the defendant did not receive payment in substitutes 201 as to the loan of this case 201 in the future of the defendant.
According to the statement in Gap evidence No. 1, the registration of ownership preservation was completed in the name of "C" on July 18, 2014 for the loan No. 201, and the registration of ownership transfer was completed in November 14, 2014 for G immediately thereafter.
However, if the contractor agrees to receive real estate as a substitute for the payment of the construction price, it may be sold to a third party without completing the registration of transfer of ownership under the name of the contractor pursuant to the payment agreement, and may be registered in the name of the third party. Thus, it cannot be denied a payment agreement merely on the ground that there is no record of completing the registration of transfer of ownership in
The Defendant was in the position to dispose of the instant loan No. 201 in accordance with the agreement to receive payment in kind, and thus, even if the Defendant failed to complete the registration of ownership transfer in its name, it can be the actual seller of the instant sales contract even if he did not complete the registration of ownership transfer in its name.
B. The Defendant: (a) sold eight households including C and C, and agreed to pay the sales price preferentially to the Defendant’s claim for the payment of the unpaid construction price; and (b) sold the loan of this case 201 from C.