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Reasons
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(영문) 의정부지방법원고양지원 2016.01.28 2015가단19981
공사대금
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1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff is obligated to pay the Plaintiff the remainder of KRW 126,708,000 and delay damages therefrom, on the ground that the Plaintiff received a contract from the Defendant for the creation of farm and landscaping construction of the land C (hereinafter “instant land”) owned by the Defendant, and completed the construction by November 2013, and had been managing the said farm until June 2014. The said farm was managed by June 1, 2014. The construction cost and management fee in total amount to KRW 146,708,00,000, and only KRW 20,000 among them were paid.

2. In full view of the overall purport of the pleadings in Gap evidence No. 9, Gap evidence No. 11-4, 11, Eul evidence No. 11-2, and Eul evidence Nos. 1 and 2 as to the cause of the claim and defense, the plaintiff formed the land of this case as a farm around January 2013 and planted trees on the land of this case, and for a considerable period of time, such as cleaning of the above farm, gardening tending, etc. is recognized.

However, comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 3, the Plaintiff and the Defendant entered into a real estate lease agreement (Evidence No. 1) with respect to the land of this case on January 30, 2013, wherein the Plaintiff leased the land of this case at KRW 600,000 per month, and upon the Plaintiff’s request for the payment of the construction cost on the land of this case, the Plaintiff paid KRW 20,000 to the Plaintiff. The Plaintiff confirmed that the contract was terminated as of June 30, 2014, and that “the Plaintiff shall transfer and take over all the ownership and rights to trees and other facilities owned by the Plaintiff among the land transplanted on the land owned by the Defendant, and consult with the Defendant on the future that all the rights and duties on the land of this case should not be raised (Evidence No. 2, No. 2, and No. 3).

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