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(영문) 대전고등법원 2015.01.30 2013나10176

공사대금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On May 9, 2006, the Plaintiff entered into a construction contract and changed the said contract. On or around May 9, 2006, the Plaintiff and the Defendants were to enter into a construction contract with the Defendants, and on May 22, 2002, 3,023.7 square meters in the Seo-gu, Daejeon Special Metropolitan City (hereinafter “instant land”).

(E) A building on the 1st and 6th underground floors on the ground (hereinafter “instant building”).

(2) On May 29, 2008, the Plaintiff agreed with the Defendants to increase the construction cost of the instant building to KRW 6,600,000,000, including value added tax, and completed the construction work on August 1, 2008.

B. On March 31, 2008, when the Plaintiff and the Defendants prepared a contract for the sale of commercial buildings on March 31, 2008, the Plaintiff prepared the contract with the Defendants, the object of sale is the first floor of the instant building containing shares in the site, and the sale price is KRW 8,00,000,000 (value-added Tax separate), and the sale price is fully paid in full, and the contract was made with the “matters of special agreement (the first floor payment in lieu of the Plaintiff)” as the settlement price of the construction cost unpaid to the Plaintiff, a contractor, in relation to the project. This contract was made on February 1, 2008 on the condition that this contract will be collected and discarded if the owner’s name is changed to the owner’s name (hereinafter “instant payment agreement”). The following is written as follows (hereinafter “instant payment agreement”).

(2) Around that time, the name of the owner of the instant building was two Defendants, and the construction has not yet been completed, and the creation of the building management ledger or the preservation of ownership was not made. The Defendants, as seen above, changed the name of the owner of the instant building from two Defendants and the Plaintiff from May 7, 2008 to three.