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(영문) 서울중앙지방법원 2018.04.20 2016가합38745

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On January 15, 2015, D, E, and F entered into a partnership agreement to newly construct multi-family housing and distribute profits by purchasing the said seven lots of land, including G land, 31.6 square meters (hereinafter “G land”), H large 54.6 square meters, 16.2 square meters, J large 13.2 square meters, K large 8.9 square meters, L large 128.6 square meters, and Ma large 56.2 square meters (hereinafter “instant land”).

On March 12, 2015, N Co., Ltd. (hereinafter referred to as “N”) was established for the foregoing business, and D was appointed as the representative director.

D around March 2015, pursuant to the above business partnership agreement, D completed the registration of ownership transfer in its name with respect to the remaining land except G land among each land of this case.

D purchased G land from O on February 28, 2015 at KRW 167,00,00 (contract amounting to KRW 16.7 million on March 20, 2015; KRW 117 million on March 20, 2015; and KRW 17 million on April 20, 2015; and died on May 12, 2015, while the down payment was paid in KRW 23.3 million on the part of the down payment and the intermediate payment.

D The defendant, a minor child, succeeded to D's property solely.

D’s mother, on July 30, 2015, appointed C as the guardian of the minor of the Defendant in the case of 2015-Ma764, Goyang-gu District Court 2015 Goyang-do, 764, and the said judgment became final and conclusive on August 20, 2015.

The application for building permission was received from the Jung-gu Seoul Metropolitan Government Office on September 30, 2015, and the building permission was issued on November 17, 2015, and the construction of the instant building was commenced since around that time. The construction of the instant building was commenced.

P and on September 10, 2015, C representing the Defendant transferred to P the remainder of the land excluding G land out of each of the instant land, and 20,000 shares issued by N, and P and the obligation borne by P and the Defendant.