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(영문) 서울고등법원 2017.12.21 2017나2027387
공사대금
Text

1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On April 2014, 2014, D, the Defendant’s put to the Defendant, on behalf of the Defendant, is a neighborhood living facility and multi-household building (hereinafter “instant building”) with a five-story size on the ground of the G land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”).

2) The contract amount of the new construction project was awarded to KRW 800 million (hereinafter “instant construction project”) and the contract pertaining thereto was “instant construction project.”

(2) With respect to the payment of the instant construction contract, the parties determined that ① KRW 200,000 for progress payment shall be paid each after the completion of the instant construction project, and ② the remainder KRW 280,000 shall be paid each after the completion of the instant construction project, and ③ the remainder of KRW 320,000,000 shall be transferred in lieu of the payment of KRW 8132,00,000 H-gun, Chungcheongnam-gun (hereinafter “H forest”).

Accordingly, D around April 2014, on behalf of the Defendant, sold H forest land in KRW 320 million between E and E on behalf of the Defendant, and written a contract to settle the purchase price as part of the price of the instant construction contract.

(3) On June 18, 2014, E prepares a document (Evidence A9) stating that all rights to the instant construction contract are transferred to the Plaintiffs, as the title “the instant construction contract for accord and satisfaction” under the instant sales contract. The Plaintiffs and D representing the Defendant respectively put their seals on the transferee and owner. B. The Defendant completed the registration of initial ownership of the instant building on November 24, 2014, subject to the approval for use on November 24, 2014, and completed the registration of initial ownership on December 26, 2014. [Grounds for recognition] There is no dispute on the instant building, as well as the number number A through 4, and 9 (including number A; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs formed a joint contractor and completed the instant building after acquiring the contractor status of the instant construction contract from E.

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