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(영문) 부산지방법원서부지원 2019.02.19 2018가단7557
공사대금
Text

1. The Defendant’s KRW 27,00,000 as well as 5% per annum from November 12, 2015 to February 19, 2019 to the Plaintiff.

Reasons

1.The following facts of recognition are not disputed between the parties, or may be acknowledged upon a comprehensive consideration of the whole purport of the pleadings in each entry in Gap evidence 1 to 11:

Before the division, the Busan Gangseo-gu Busan Metropolitan City 1,105 square meters was the land jointly owned by the defendant's father, non-party D and non-party E, respectively.

B. On November 6, 2014, the Defendant obtained a building permit from the head of Gangseo-gu Busan Metropolitan Government as the owner of the building, Busan Gangseo-gu, Busan Metropolitan City, the site area of 784 square meters, and the building area of 468.49 square meters (F 335.16 square meters, G 133.33 square meters).

C. On November 20, 2014, the Plaintiff was awarded a contract with the Defendant for the construction of a new Class II neighborhood living facility on the said land at the cost of KRW 188 million.

(hereinafter “instant construction contract”). D.

On December 18, 2014, the said land was divided into 75 square meters and 330 square meters in Gangseo-gu Busan Metropolitan City C, and on December 9, 2015, the ownership of 165/75 of the said D’s 1/2 shares was transferred to the said E among the said C’s 1/2 shares, and on December 14, 2015, the ownership of the entire shares of the said land was transferred to Nonparty I (hereinafter “Nonindicted Company”).

E. The Plaintiff completed the said construction, and the use of each building was approved on November 11, 2015.

F. The non-party company completed registration of preservation of ownership on December 7, 2015 by the Busan District Court’s Branch Branch No. 45427, each of which was received on December 7, 2015, with respect to the 133.33 square meters of the general steel structure, sand site location panel, etc. of the Class II neighborhood living facilities, such as the 330.31 square meters (road name address J in Busan Gangseo-gu) of the 330.31 square meters (the same as road name address) of the 330.31 square meters of the general steel structure, the

2. Determination

A. According to the above facts of recognition as to the claim for the remainder of construction works, the Defendant is obligated to pay the Plaintiff the remainder of construction works, which the Plaintiff seeks, as the payment for the remainder of construction works, to the Plaintiff, unless there are special circumstances.

The defendant asserts that the contracting party was changed to the non-party company.

The first defendant, the first defendant.

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