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1. It is confirmed that there is no right of retention of the Defendant (Counterclaim) for the real estate stated in the attached list.
Reasons
1. On April 22, 2016, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) with a view to newly constructing a electric house (hereinafter “instant house”) on the ground level C at macro-si (hereinafter “instant house”).
(Contract Amounting to KRW 208,00,000, and Work Hours: From April 23, 2016 to July 15, 2016, the Plaintiff paid the Defendant the total amount of KRW 168,000,000 from April 25, 2016 to August 31, 2016; and obtained approval for the use of the instant housing on October 10, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The summary of the Plaintiff’s assertion is that the Defendant is obliged to pay the Plaintiff KRW 47,259,00 in the aggregate of KRW 29,163,00 for repairing the defects of the instant housing and KRW 18,096,00 for liquidated damages (=87 days x 208,00,000 x 1/1,000).
The above claim against the plaintiff against the defendant and the claim against the defendant for the payment of the construction price payable to the plaintiff shall be offset.
In addition, the defendant, around November 29, 2016, notified the plaintiff of the password of access to the house of this case, lost possession of the house of this case, and there is no lien on the house of this case since he did not have any claim against the plaintiff.
B. First, we examine the cost of repairing defects, etc.
In addition to the purport of the entire argument as a result of the appraiser D’s appraisal, the following facts can be acknowledged: (i) the non-construction part, such as the attached list, in the instant house; (ii) the construction cost (10,171,609 won) and the defect repair cost (18,91,429 won) in total.
Meanwhile, the Plaintiff paid KRW 168,00,000 among the total construction cost of KRW 208,000,000 to the Defendant, and the Plaintiff obtained approval for the use of the instant housing around October 10, 2016 after the lapse of 87 days from the period stipulated in the instant construction contract.
The plaintiff shall pay 1/1.