공사비
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In principle, the costs of the premise, the construction cost for the new construction project of the D Living Housing that the defendant jointly implements, the purchase cost of land, the design cost, public charges, etc. shall be settled in entirety, and the defendant shall bear one half each.
After completion of a new house construction project, the plaintiff agreed that the plaintiff shall additionally transfer ownership of D's corresponding D's house to the defendant, instead of transferring the defendant's share of C as KRW 200 million to the plaintiff's name, at the time of distributing the source, the defendant's interest and ownership.
Provided, That 30% of the shares of C to be transferred by the Plaintiff from the Defendant is limited only to the shares of C except for all real estate and financial assets (including deposits and claims) currently held by C, and the Plaintiff also acknowledges that there is no objection. The time when the Plaintiff transfers 30% of the shares of C to the Plaintiff shall be specified as immediately before the completion of D's house.
In addition to the statement No. 1-2 of the evidence No. 1-2, the Plaintiff and the Defendant concluded an agreement (hereinafter “instant agreement”) with respect to the new construction project of 23 households of D Urban Residential Housing (hereinafter “D Residential Housing”) on April 30, 2012.
2. The Plaintiff’s assertion D Living Housing New Construction Corporation (hereinafter “D Living Housing Construction Corporation”) was completed and remains only at the present inspection of completion, and the instant agreement reached “before the completion of D Living Housing” as set forth at the time of stock transfer.
Therefore, according to the instant agreement, the Defendant is obligated to transfer C’s 64,000 shares out of 30% of C’s 64,000 shares to the Plaintiff. Since the Defendant is disputing this, the Defendant has a benefit to seek confirmation that C’s 19,200 shares are the Plaintiff.
3. As alleged by the Plaintiff, we examine whether the D Living Housing Construction Corporation was obligated to transfer the Defendant’s shares to the Plaintiff when the D Living Housing Construction Corporation came to “before the completion of D Living Housing Construction” as stipulated in the instant agreement.
First, the defendant.