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(영문) 의정부지방법원 2018.11.22 2016가합50693

공사대금

Text

1. The motion for intervention by the Intervenor joining the Defendant is dismissed.

2. The defendant,

A. The Plaintiff KRW 533,351,109 and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of building business, etc., and the representative director from May 21, 2014 to March 16, 2015 was D (the former name: E).

B. The Intervenor joining the Defendant is a corporation with the purpose of real estate rental business, and the F and the Defendant are registered as the intra-company director of the Intervenor joining the Defendant, but the actual operator is F, and the Defendant is F’s wife.

C. After entering into a title trust agreement with F on December 12, 2012, the Defendant and G completed the registration of ownership transfer for each 1/2 share of H 2,502 square meters in Pyeongtaek-gun, Gyeonggi-do (hereinafter “Seoul-gun, Gyeonggi-do” in the land indication”) due to voluntary auction. The said land was divided into J-si 5 square meters and K 1,356 square meters, respectively, on March 15, 2013.

(At present, H land area is 601 square meters).

J The land category of 545 square meters was changed to a road on November 10, 2016, and the remaining 139 square meters was changed to a road on November 14, 2016.

K 1,356 square meters was combined with M 1,043 square meters on December 23, 2013 (the same as H 2,502 square meters, in the same way as the previous H 2,502 square meters), and the Defendant and G were divided into N 1,389 square meters on April 22, 2014.

N 1,389m2 was changed to the land category on October 18, 2016.

(No matter whether before or after the division or the change of land category, the above NJ No. 1,389 square meters, which appears to be a multi-family housing site below, shall be deemed to be the instant land (hereinafter “instant land”).

On January 20, 2014, Defendant and G applied for a building permit to construct apartment houses (hereinafter “instant building”) on the ground of the instant land to the head of Pyeongtaek-gu Gun, and the head of Pyeongtaek-Gun permitted the said application on February 28, 2014.

F. Between October 20, 2014 and D on October 20, 2014, F entered into a contract with “the name of a construction project: O multi-household construction project, place of construction: H day, date of commencement: October 20, 2014; the scheduled date of completion: May 20, 2015; contract amount: 2,100,000,000 won.”