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The plaintiff's appeal and the selective claim added by this court and the preliminary claim are all dismissed.
An appeal.
Reasons
1. Basic facts
A. On August 18, 2004, the Plaintiff is a person who runs a construction business, etc. with the trade name of “C” as a type of excavation engineer, and the Defendant purchased 33,400 square meters of forest land D (hereinafter “instant land”) from the seller E (hereinafter “instant sales contract”), and completed the registration of ownership transfer on August 21, 2004.
B. On October 2018, the Plaintiff performed ground rearrangement work and stone construction work on the instant land.
C. On June 2, 2020, the Plaintiff filed a complaint against the Defendant and the Defendant’s mother against the charge of fraud and the Act on the Registration of Real Estate under Actual Titleholder’s Name. On June 2, 2020, the Defendant and F were subject to a disposition of non-prosecution by suspicion (defluence of evidence) and the violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name.
[Reasons for Recognition] Facts without dispute, Gap evidence 3 through 9 (including provisional numbers; hereinafter the same shall apply), Eul evidence 1, or the purport of whole pleadings
2. The plaintiff's assertion
A. On October 2018, the Plaintiff concluded a ground rearrangement work and stone construction contract for the instant land by the Defendant’s mother, either simply or verbally, and agreed to pay the construction cost on a daily basis. The purchase cost of stone necessary for stockpiling stone is first paid by the Plaintiff and the construction work is completed and the unpaid construction cost is to be paid in full at the time of the completion of the construction work (hereinafter “instant construction contract”).
(2) From October 20, 2018 to November 21, 2018, the Plaintiff was required to pay KRW 13,700,000 to the Plaintiff for 22-day work as the ground adjustment work for the instant land, and KRW 4,620,00 for the purchase cost of building stones. Therefore, the Defendant is obligated to pay the Plaintiff for KRW 18,320,000 ( KRW 13,700,000) and for delay damages from November 22, 2018.
The plaintiff dated October 16, 2020 after the closing of argument.