공사대금반환 등
1. The Plaintiff (Counterclaim Defendant)’s main claim against the Defendant (Counterclaim Plaintiff) and Defendant C, and the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On October 15, 201, Defendant B entered into a contract with the Plaintiff for the construction work of Jongno-gu Seoul Metropolitan Government Ground Buildings (hereinafter “instant Building 1”) and the E-ground Buildings (hereinafter “instant Building 2”) by setting the construction cost of KRW 197 million and the construction period from October 6, 201 to November 25, 201 (hereinafter “instant construction contract”), and accordingly, the Plaintiff entered into the instant construction work and completed it on March 11, 2012.
B. As the children of Defendant B, Defendant C completed the provisional registration of the right to claim ownership transfer on November 16, 201 with respect to the instant building No. 1, which was based on the pre-sale agreement as of November 15, 201, and the provisional registration of the right to claim ownership transfer on June 10, 2009 with respect to the instant building No. 2, which was based on the pre-sale agreement as of the same date.
C. On October 18, 201, the Plaintiff contracted the instant building No. 2 to F, an architect, for the construction review and permission for substantial repair of the instant building at KRW 8.5 million, and received KRW 2 million from the Defendant’s side as the down payment.
The F applied for permission for substantial repair of the instant building No. 2 around November 201, but it was not possible to obtain permission due to the seizure due to the nonperformance of taxes on the instant building. Although the Defendant requested the payment of taxes on the part of the Defendant, the application for permission for substantial repair was withdrawn, and the Plaintiff returned KRW 2,50,000 out of the service payment.
As the instant construction cost, the Defendant paid a total of KRW 197 million from October 4, 201 to February 7, 2012, to the Plaintiff and to G that introduced the instant construction to the Plaintiff. As of January 3, 2011, the Defendant drafted a written confirmation of payment for KRW 197 million for the construction cost (Evidence B 4) from G as of January 3, 201.
E. The Plaintiff removed the part of the construction of the instant building as to the instant building No. 2 from the Defendant’s side upon the request of the design modification, and newly constructed construction.