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(영문) 대구지방법원 2019.02.14 2017나316612

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 28, 2015, the Plaintiff is a corporation that constructs machinery and equipment, and the Defendant is a person who registered his/her business with the name of “Ggu Dong-gu E”, “business type”, “H”, and “H” at the place of business.

B. On September 18, 2015, the value of 1,295 square meters prior to Daegu-gu E was divided into 645 square meters prior to E and 650 square meters prior to I.

On November 22, 2016, the preceding E is once divided into 637 square meters and 8 square meters before J on November 22, 2016, and the preceding E is converted into a site on December 9, 2016, and is combined with 43 square meters in K, and becomes 680 square meters in E.

C. Around July 2015, the Defendant jointly purchased 1,295 square meters prior to Daegu-gu E, Daegu-gu, along with G Co., Ltd. (hereinafter “G”), and entrusted the same to L Co., Ltd. on July 31, 2015.

With respect to the above land on September 24, 2015, 687/1295 shares due to the attribution of trust property in the name of the defendant, and with respect to the shares of 608/1295, the registration of transfer of each share was completed in the name of G.

The above land was divided by the method of partition of co-owned property on the same day, and the registration of ownership transfer was completed in the single name of the defendant as to the land E, and in the private name of G as to the land.

With respect to each subparagraph of F apartment Mdong (hereinafter “instant apartment Mdong”), which was newly constructed on a scale of 680 square meters in the foregoing E, each registration of preservation of ownership was completed on December 2016 in the name of G in the name of the Defendant, with respect to each subparagraph of F apartment Ndong (hereinafter “instant apartment Ndong”) newly constructed on a scale of 650 square meters in the said I large scale, and with respect to each subparagraph of F apartment Ndong and Ndong, each registration of ownership was completed on December 2016 in the name of G.

[Ground for recognition] Unsatisfy, Gap-2

9. Each description of evidence of 15, 43, and 44 (including branch numbers, if they are not separately stated; hereinafter the same shall apply) and the purport of the whole pleadings;

2. The plaintiff's assertion

A. The Defendant constituted D and D and jointly carried out the instant new apartment construction project, and the Plaintiff jointly carried out the instant apartment construction project with D and D, a manager of the partnership.