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(영문) 광주고등법원 (전주) 2018.05.10 2016나11672
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. C’s building permit for new construction of the instant house, construction contract to F, etc.) C is the owner of the instant land: (a) around June 26, 2012; (b) the owner of the instant land: (c) the owner of the instant land: (a) the owner of the instant land D, a considerable area of 306.1 square meters

3) On the ground, multi-family houses with the fourth floor (hereinafter “instant house”).

(2) At around that time, C contracted the instant new house construction work to E, but, as E renounces it in the middle, contracted to F on August 8, 2013 the remainder of the instant new house construction work (hereinafter “instant construction work”) out of the construction cost to F in KRW 340,00,000.

At the time, C and F agreed to immediately return the name of the owner to C when the F did not receive the construction cost until the completion of the instant construction work, but if the F did not perform more than 50,000,000,000 won, the owner of the building as security for the construction cost is changed to F future, and the construction cost is not fully paid thereafter.

3) On September 1, 2013, F subcontracted the instant construction work to H in KRW 330,00,000, and H around that time, H changed the owner and the contractor of the instant housing from C to the new one (C) on March 14, 2014.

B. 1) The Plaintiff is a limited liability company I (a representative director G at the time, hereinafter “I”) in the instant lawsuit.

) A contract agreement on construction works that was awarded by F on April 5, 2014 for the instant construction work in KRW 500,000,000 (hereinafter “instant contract agreement”).

2) On April 6, 2014, I drafted a written contract for construction work that subcontracts the instant construction work to KRW 305,00,000 (including value-added tax).

3) On April 7, 2014, G paid the construction cost of KRW 20,00,000 to the instant construction cost by transferring the instant construction cost to H’s account, and thereafter, G paid the construction cost to the construction business operator, etc. that H or its request from around that time. C. The decision to commence the auction on the instant land and the loans to G C 1).

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