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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On April 23, 2014, D Co., Ltd. (hereinafter “D”) was awarded a contract for the construction of urban-type residential housing (hereinafter “instant construction”) on the instant land by U, who was a registered titleholder of Kimcheon-si, Kimcheon-si, 690 square meters (hereinafter “instant land”).
B. On July 25, 2014, the Plaintiff and the instant construction contract concluded a construction contract with the effect that it would subcontract the Plaintiff to the construction cost of KRW 599,700,000 for construction work period from July 15, 2014 to January 15, 2015.
C. On October 2, 2014, the Defendant agreed with V, which is the actual owner of the instant construction, that “if the Defendant invests KRW 150,00,000,000, the Defendant shall obtain a loan after completion of the instant construction and pay KRW 300,00,000 with investment profits, and as a security therefor, the Defendant shall complete the registration of ownership transfer on the instant land in the future, and if the investment amount is not recovered, the ownership transfer registration was completed in the Defendant’s name on the instant land on October 6, 2014.”
V paid 50,000,000 won out of 150,000,000 won from the Defendant, and D paid 30,000,000 won out of the above 50,000,000 won to the Plaintiff on October 7, 2014.
On October 16, 2014, the Defendant concluded a construction contract with D to set the construction period from October 16, 2014 to July 16, 2015, and to set the construction cost as KRW 1,896,00,000.
E. Around December 2014, the instant construction was suspended, and the said construction site has been left neglected, and from March 2015, E performed all the affairs related to the instant construction on behalf of the Defendant, the owner of the instant construction, as the actual owner of the instant construction project, on behalf of the Defendant, who is the owner of the instant construction project in form, and E intends to resume the construction by selecting another general construction company.