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(영문) 수원지방법원 2015.02.13 2014나22298

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff purchased a forest land of Pyeongtaek-si and C, 2,493 square meters (hereinafter “instant land before the instant partition”), and concluded a sales contract with D and E on January 11, 2012, to newly build and sell multi-household housing (hereinafter “instant business”).

B. On January 12, 2012, with respect to the instant land before the instant partition, the registration of ownership transfer was completed under the joint name of the Defendant (1,784.86/2,493 equity), D (353.54/2,493 equity), E (354.6/2,493 equity equity) with respect to the land prior to the instant partition on January 12, 2012, and thereafter, on January 27, 2012, the registration of ownership transfer was completed. < Amended by Act No. 3377, Jan. 27, 2012; Act No. 3329, Mar. 33, 200; Act No. 5328, Jul. 328, 198; Act No. 3294, Jul. 29, 200; Act No. 8187, Jul. 13, 2012; Act No. 8577, Apr. 31, 2017>

On the other hand, on March 30, 2012, the Defendant sold to M the entirety of the above land and the above land 8.2/484.86/2, 493 of the Defendant’s equity interest in the land 1,784.56/2,493, and sold to N on March 30, 2012 the Defendant’s equity interest in the above land 484.86/2, 493 of the entirety and the above land 359.97/2,493 of the Defendant’s equity interest in the land 1,784.

C. As between O and E, on January 18, 2012, E concluded each construction contract with the content that one multi-household house is to be newly built on the above land, N is to newly build one multi-household house on the above land, and D is to newly build one multi-household house on the above land on March 29, 2012, and D is to newly build one multi-household house on the above land on March 30, 2012, and the Defendant concluded each construction contract with the content that one multi-household house is to be newly built on the above land. < Amended by Presidential Decree No. 23758, Mar. 30, 2012; Presidential Decree No. 23758, Mar. 30

[Ground] Facts without dispute, Gap evidence 4, Eul evidence 1 to 3, Eul evidence 3-1 to 8, Eul evidence 5, 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The Han Sea Development Co., Ltd. (hereinafter referred to as "the plaintiff's primary argument").