A. The Plaintiff is a person who sells creative materials, and the Defendant is a person who newly built a multi-household house with the fourth floor above the land of Chungcheongnam-gun Hong-gun.

B. On April 30, 2013, the Defendant entered into a contract for construction of a new building on the above land with the United States General Construction Co., Ltd., and the construction of a new building on the above land. The national comprehensive construction took over the contract for the construction of the UN General Construction on July 3, 2014 and continued the construction.

C. The Nice General Construction subcontracted to D Company E the above new construction works, and the Plaintiff supplied D Company E with creative materials equivalent to KRW 96,000,000.

유니스종합건설이 피고에게 원고의 창호자재 대금을 대물로 지급해달라고 요청하여, 피고는 2014. 1. 3. 총분양가 96,000,000원에 원고에게 위 신축 예정 다세대주택 401호를 분양하되 위 대금은 창호샷시 공사비의 대물로 그 대금이 완불되었다는 분양계약서를 원고에게 교부하였다. 라.

However, the above 401 was completed to the defendant, but due to voluntary auction on October 27, 2016, it was sold to F.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, by preparing a sales contract in which the Defendant paid the price to the Plaintiff in full, the Defendant entered into a promise with the Plaintiff that the Defendant paid KRW 96,00,000 to the Plaintiff the price for creative materials and paid the price to the Plaintiff as KRW 401 of the new building that is a substitute, and the obligation to transfer ownership under the above 401 was impossible to perform, and the purport that the obligation to transfer ownership was to cancel the payment in full due to the cause was stated, and the duplicate of the application for the payment in this case, which can be seen as being served on March 20, 2017, was legally rescinded.

I would like to say.

Therefore, the defendant shall pay 96,00,000 won for creative materials that the defendant shall directly pay to the plaintiff and this shall apply.