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(영문) 수원지방법원 2019.01.09 2017가합25232

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 20, 2016, the Defendants purchased KRW 1,734,00,000 of the Young-gu, Suwon-si (hereinafter “instant land”) for KRW 473.9 square meters (hereinafter “instant land”). On September 7, 2016, the Defendants completed the registration of ownership transfer as to each of the instant land’s shares on September 7, 2016.

B. Around 2016, the Defendants entered into a contract with the Plaintiff to construct the instant building with the construction cost of KRW 3.5 million on the instant land (hereinafter “instant construction work,” and the contract between the Plaintiff and the Defendants for the instant construction work. In the process, the Plaintiff and the Defendants did not prepare a contract for the total construction cost, construction period, etc.

C. The Plaintiff newly constructed the instant building on the instant land (hereinafter “instant building”), and the Defendants completed the registration of ownership preservation as to each of 1/2 shares of the instant building on April 21, 2017.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 8, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The construction cost invested by the Plaintiff for the instant construction is KRW 1,440,604,625 as indicated in the following table. The construction cost of the instant construction is KRW 838.34,839,861,750 of the service area of the 6284,670,750 of the service area of the 6284,670,125 plus KRW 146,072,750 of the service area of the 146,072,750 of the additional construction area of the 146,440,604,6252) is the aggregate of the 1st floor part of the instant building and the 5th floor area.

3) In the case of an additional construction, it was conducted upon the request and approval of the Defendants, and detailed details are as listed below (hereinafter referred to as “instant additional construction,” in total, as indicated below.

2) The installation work of a Serial No. 1 wall 21,674,950 2 outer wall 21,674,950 32,209 32,209 sloping roof 32,209