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(영문) 수원고등법원 2019.08.22 2019나10268
공사대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff’s claim for the construction cost occurred, and the Plaintiff, on April 14, 2016, and C Co., Ltd., the representative director of which is D and C (hereinafter “C”)

D and C are referred to as "D, etc."

(3) From the perspective of the construction project, each of the lands listed in Schedule 1, 2, and 3 (hereinafter referred to as the “instant construction project”).

(C) 387,700,000 (excluding value-added tax, any balance among them shall be 213,235,000) and 20 June 20, 2016, each of the buildings in this case shall have been contracted and completed the construction and two newly built pents (hereinafter “each of the buildings in this case”).

As to September 13, 2016, the approval for use was obtained on September 13, 2016. Among each of the instant buildings, the buildings listed in paragraph (4) of the attached Table No. 4 (hereinafter referred to as “No. 1”) newly constructed on the ground specified in attached Table No. 3

(C) under section 5 of [Attachment C], newly constructed on the ground of the land listed in Schedule 1 and 2 of [Attachment D] owned by C, (hereinafter referred to as “second building”)

(2) On September 21, 2016, each registration of initial ownership was completed in the name of D on September 21, 2016, and each registration of initial ownership was completed in the name of C. (2) The Defendant entered into a sales contract with C on August 22, 2016, and the land specified in paragraph (3) of the attached Table 1 and attached Table 3 (hereinafter “first sales contract”), and agreed to pay the down payment of KRW 150,000,000 on the date of the contract, and to succeed to the amount equivalent to C’s obligations, including KRW 110,000,000,000, out of the construction price obligations against the Plaintiff.

As between D and D on September 20, 2016, the Defendant concluded a sales contract of KRW 475,000,000 for the land specified in Section 1 and Section 2 of Annex II and Annex II (hereinafter “second sales contract”) and purchased at KRW 475,000 for price (hereinafter “second sales contract,” and “each of the instant sales contracts” when it is referred to as “first sales contract at the same time as the first sales contract”) and paid the down payment of KRW 50,000 on the date of the contract, and remainder.

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