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(영문) 서울고등법원 2017.09.29 2016나11761

양수금 등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 21, 2012, Co., Ltd. (hereinafter “C”) with the Plaintiff’s Dong Jae-si as the representative director, signed a contract with E, “C newly constructing 7/10 households of single house on the ground of the land owned by the Defendant, i.e., Il-dong-dong-gu, U.S. and two lots (hereinafter “instant land”).” (hereinafter “instant contract,” and written a contract according to its content “instant contract.” (No. 4)

B. The instant contract states that the construction period is “from November 20, 2012 to April 30, 2013” and the contract amount is “130,000,000 won per household” respectively.

In addition, the owner of the cover of the contract includes “G Company B” and “G Company B and General Construction E” in the last chapter of the contract, and in each name of the above defendant, E affixed a seal on which the name of the defendant was affixed.

C. around March 28, 2013, C and E reduced the scope of the instant construction project subject to the instant contract into six generations, each of three units (E, F, G Dong).

At the same time, D and E stated in the top of the estimate (Evidence No. 5) submitted by C to E, the phrase “D and E determine a total of KRW 450,000,000,000 on the condition that construction cost would be completed as a total of KRW 450,000,000,000,000,000,000,000,000 won.”

Since then, C newly built six generations of the above E, F, and G Dong.

On June 8, 2015, the defendant completed the registration of ownership transfer for 10 households, including the above E, F and G six households, and completed the registration of ownership transfer for third parties on the same day.

E. C on January 29, 2015, transferred to the Plaintiff the claim for construction price of KRW 540,000,000 against the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 4, 5, 11 (including each number if there is a serial number; hereinafter the same shall apply), Eul 4, 5, 6, 7, 14, 15, 16, and Eul 19-1 and Eul 19-1.