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(영문) 창원지방법원통영지원 2016.05.19 2014가합2965
공사대금
Text

1. At the same time, the Defendant received real estate stated in the attached Table 1 from the Plaintiff, and at the same time, KRW 1,647,511,492 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the parties and the relevant Plaintiff and C engaged in the architectural business under the trade name of “D”.

Defendant is the Plaintiff’s spouse, and C is the Defendant’s deceptive act as the Plaintiff’s spouse.

B. On December 1, 2013, the Plaintiff entered into a contract between the Plaintiff and the Defendant with respect to the construction of new accommodation facilities on the ground E (hereinafter “instant construction”) from December 1, 2013 to December 2014, 2014, with respect to the construction period from December 1, 2013 to December 201, 2014, the Plaintiff agreed to separately pay the construction cost of KRW 1,900,000 [i.e., KRW 1,800,000 (i., x 300 square x KRW 6,000 per square x KRW 6,000)], while concluding the contract (hereinafter “instant contract”).

On December 11, 2013, the Defendant drawn up a power of attorney to the Plaintiff and C to delegate all the powers pertaining to the instant construction.

C. On January 3, 2014, the Plaintiff started construction of the instant case. On November 11, 2014, after completing the instant construction, the Plaintiff obtained approval for the use of the real estate listed in attached Table 1 (hereinafter “instant building”).

On November 28, 2014, the Defendant completed registration of initial ownership relating to the instant building.

After completion of the instant construction, the Plaintiff is currently occupying the instant building.

A total of KRW 493,00,000 was paid to the Plaintiff as construction cost of this case, including the details of payment of construction cost of this case.

The civil construction cost required for the instant construction work is KRW 121,603,810, and the additional construction cost due to a design modification is KRW 161,270,234 (see attached Form 2). The expenses incurred in repairing the defects of the instant building are KRW 153,99,138.

(Specific Details are set forth in Appendix 3. [Attachment 3] [Attachment 1] Nos. 1 through 5, 7, 14 and 1, 2, 3, 6, 7, and 17 of Evidence Nos. 1, 2, 3, 6, 7, and 17 (including each number), the result of the appraiser F’s appraisal, and the purport of the whole pleadings.

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