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(영문) 광주지방법원 2014.11.26 2012나15622
공사대금 및 임금
Text

1. The defendant (Counterclaim Plaintiff) filed in the appellate trial shall be dismissed.

2. The following payments, among the judgments of the first instance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. On February 15, 2008, the Defendant purchased the previous 2,377 square meters of land in Jeonnam-gun, Jeonnam-gun, and on October 30, 2008, the daily price of the above real estate was designated as a tourism resources development project district (one-person happy village) from Jeonnam-do. On October 30, 2008, the said project district becomes final and conclusive as a person eligible for support for the construction of Hannam-do from Jeonnam-do, to provide subsidies (one million won of Do expenses, and ten million won of Gun expenses) free of charge.

B. On September 8, 2010, the Defendant: (a) was able to newly construct Korean-style houses with a resident registration in Seoul with a subsidy granted under the Defendant’s name; (b) was finally divided into 451 square meters in the name of the Defendant; (c) 19 square meters in the previous Gu-gun, Jeonnam-gun; (d) 450 square meters in the previous Gu-gun, Jeonnam-gun; (c) 450 square meters in the size before F; (d) 457 square meters in the previous Gu-gun; and (e) was divided into 450 square meters in the size before H; and (e) was paid a subsidy of KRW 120 million in the name of Hannam-gun, etc., upon completing the registration of ownership transfer under the name of the Defendant, and submitted documents, such as an application for new construction in the name of Hannam-gun, etc.

C. The Defendant entered into a contract for new construction (hereinafter, hereinafter, the instant contract for construction) with the Plaintiff, Jeonnam-gun C, E, F, and H to the Hannam-gun, and paid KRW 480,80,000 as the construction cost.

On September 2010, the Plaintiff started the instant construction and left the instant construction site on February 23, 201, and obtained approval for the use of the instant hanok on May 4, 201.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4, 11 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the plaintiff's counterclaim, when the defendant raised a counterclaim (hereinafter "the counterclaim of this case") against the appellate court, the plaintiff can file a counterclaim only when there is no possibility of undermining the interests of the other party's instance. The above counterclaim of the defendant harms the interests of the other party's instance.

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