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(영문) 인천지방법원 2017.07.07 2016가합55116

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as the owner or co-owner of the land C and D (hereinafter “instant road”) and the E and 14 lots adjacent thereto (hereinafter “Myeon unit”) in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant, as the owner or co-owner of the land, decided to newly construct a collective housing in one of the lots of land.

B. The Defendant awarded a contract to F for construction of a multi-family house on the G forest 528 square meters among the above land, H forest 492 square meters, I forest 50 square meters, and J forest 640 square meters (hereinafter “instant land”), and the construction was suspended due to the failure to pay the construction cost.

C. The Plaintiff purchased the instant land from the Defendant on November 22, 2013, and completed the registration of ownership transfer on November 25, 2013, and newly built four multi-family houses and 74 households on the instant land.

As above, the Plaintiff newly built a multi-family house, and carried out the waterworks-related entry works, waterworks pipeline works, site preparation works, etc. on the instant road abutting on the instant land (hereinafter “instant construction”).

E. On April 14, 2014, the Defendant signed and delivered to the Plaintiff the following construction work contract (hereinafter “instant settlement confirmation”) stating that the Defendant contracted the instant construction work to the Plaintiff and paid all construction cost of KRW 111,70,000 to the Plaintiff. The instant settlement confirmation does not have the Plaintiff’s signature.

The person who is in charge of the construction work contract (the contractor, the plaintiff) agreed with the person who is requested to confirm the construction work (the owner and the defendant) and carried out the construction work at each construction site by investing the cost of site creation work and C, road work and water supply installation work and the cost of survey related to each parcel of land in the Chungcheong-si, Chungcheongnam-si, Chungcheongnam-si, and the complex, respectively. The person ordering the construction work has ordered the construction work to do so and paid the construction cost of KRW 11,700,000 to the contractor and the contractor shall settle the agreement on the following items: