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(영문) 수원지방법원 여주지원 2018.09.12 2015가합631
대여금
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C Co., Ltd. shall be the Plaintiff on 342,048.

Reasons

1. Basic facts

A. On July 25, 201, the Plaintiff entered into a sales agreement with Defendant B on the purchase of KRW 1,984 square meters, among KRW 2,381.3 square meters in Echeon-si D (hereinafter “instant land”). On December 28, 201, the Plaintiff agreed to receive KRW 800,000,000 for the instant purchase price as KRW 80,000 on December 30, 201, and KRW 230,000,000 for the instant purchase price as KRW 230,000,000 on February 29, 2012, 200, KRW 185,000,000 on February 27, 2013, and KRW 180,000,000 on February 27, 2013 as KRW 10,005,00 on December 18, 2014.

Defendant B completed the registration of ownership transfer on January 13, 2012 as to the portion of 1984/3 of the instant land on the ground of the instant sale.

B. On June 2012, the Plaintiff concluded a contract with Defendant B for the Civil Works for the instant land (hereinafter “Civil Works”) by setting the construction cost equivalent to the actual cost, and completed the instant civil Works on July 12, 2012.

C. On August 29, 2013, the future DNA Co., Ltd. (hereinafter “NND”) received a contract for the instant new construction work from EFF Co., Ltd. (hereinafter “Defendant C”) established by Defendant B (hereinafter “instant new construction work”) and completed the instant new construction work, as the rights and duties were succeeded to Defendant C as it was, by restructuring and dissolution to Defendant C Co., Ltd. on February 29, 2016.

On October 21, 2014, the above factory was approved for use on October 21, 201, and the defendant C completed registration of preservation of ownership on November 7, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, 6-8, 18, 19, Eul evidence No. 1 (including cases with various numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the main defendant B

A. The summary of the cause of the claim lies in the sales of this case, civil engineering works and new construction works against the Plaintiff in Defendant B, as follows:

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