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(영문) 대전지방법원 2018.02.08 2016가단220423
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 144,186,929 with respect to these KRW and the date of full payment from April 11, 2017.

Reasons

1. Basic facts

A. G purchased 1,19m2, J river, 165m2, and K 931m2 (hereinafter “instant land”) from H in official land owned by H, and decided to newly construct a 4-story tenement house on the ground (hereinafter “instant tenement house”), and entered into a contract with H on April 1, 2005 to purchase the instant land in KRW 400 million.

B. Since then, G paid KRW 100,000 to H in addition to the above land price when completing the new construction of the instant tenement house, G agreed to cooperate with H in constructing a new apartment house on the instant land.

C. In order to secure the payment of KRW 500 million in total to H at the time of the above sales contract and the agreement for the payment of performance money, G agreed to the name of the owner of the instant tenement house as H, and obtained a building permit from the public market for H in the name of H.

G around October 2007 under H’s name entered into a construction contract with Defendant B Co., Ltd. (the trade name before the change: L; hereinafter “Defendant B”) on a contract basis with the 175 million won price for the substitute construction work among the new apartment house construction work in the instant case. At the time of the said contract, G agreed that the said obligation for the construction work is jointly and severally guaranteed.

In addition, on July 25, 2009, Defendant B adjusted the total construction cost to KRW 270 million when it decided to perform an additional construction work.

E. On March 20, 2009, with respect to the instant tenement house, the registration of preservation of ownership in the name of H was completed upon the commission of the registration of provisional seizure pursuant to the order of provisional seizure issued on March 19, 2009 by the Daejeon District Court Branch Office, Daejeon District Court Decision 2009Kadan43, which was issued on March 209.

F. On March 26, 2009, M entered into a contract to establish a mortgage with H to the maximum debt amount of 500 million won with respect to the instant tenement house, and completed the registration of establishment of a mortgage on April 1, 2009 with the above court No. 8303 (hereinafter “instant mortgage”).

G. Defendant B.

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