공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The plaintiff is a company that is engaged in a building business with H's trade name, and the defendant is a company that carries on a housing construction business.
B. On December 17, 2010, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant on a contract for construction of a fire door and a sculpture installation, etc. among the new construction works of the E apartment (hereinafter “instant apartment”) constructed on the land of Gangwon-do, Gangwon-do, and three parcels of land (hereinafter “instant apartment”), which was awarded a contract for construction of KRW 160,654,00 (excluding value-added tax).
C. The plaintiff and other subcontractors urged the payment of the construction cost as they failed to receive from the defendant, and the defendant prepared a sales contract for one to three households among the apartment buildings in this case.
The Plaintiff received a sales contract under F-ho (hereinafter “F-ho”) from the Defendant among the instant apartment complexes drawn up as of December 17, 2010.
The plaintiff and the defendant's assertion are consistent with the fact that the contract for sale in this case was made for the purpose of security. The above contract for sale in this case is called "the contract for sale in this case" from the following.
As to the instant F F, the registration of ownership transfer was made in the name of the Defendant on January 26, 2010, the registration of ownership transfer was made in the name of C Co., Ltd. (hereinafter “C”) on the same day on the same date on the grounds of the trust as of January 29, 2010, and the registration of ownership transfer was changed on the grounds of the sale as of April 18, 2011 to G Co., Ltd. (hereinafter “C”) on June 23, 2011, and the registration of ownership transfer was completed in the name of G Co., Ltd. (hereinafter “G”) on the same day on the grounds of the trust as of June 23, 2011.
On March 2017, the judgment of revocation of fraudulent act was cancelled, and the instant subparagraph F was returned to the Defendant, and the decision of compulsory auction was rendered on May 1, 2017 upon the Defendant’s application by a limited liability company J, etc.
E. The Plaintiff on June 18, 2012